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33  WiST  MAIN  STMIT 

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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
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'i 


Technical  and  Bibliographic  Notas/Notos  techniques  et  bibliographiques 


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et  de  haut  en  has,  en  prsnant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


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2 

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4 

5 

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M    E    S    S    A    G 

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UNITED     STATES    ' 


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C  0  N  (3  R  ESS 

RELATIVE 


TO 


France  and  gre AX-BRit ain. 


DELIVERED   DECEMBER.    5,    1793. 


WITH  THE  PAPERS  THEREIN  REFERRED  T«. 


TO    WHICH    ARE    ADDEl 


THE 


FRENCH   ORIGINALS* 


Published  by  order  of  the  hous«  oF.REPREitNTAi'ivEtk 


I»HILADELPHIA  ! 

PRINTED   BY    CHILDS   AND   SWAlNtf* 
.,  M,DCC,XCUI, 


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^><^CK><>C<>0<>0<!><>>C><C••>0<X><>C><^^ 


UNITED  STATES,  December  5th,  1793. 

Gentlemen  of  the  Senate,  and  of  the  House  o/'Representatives, 

jIS  the  prefent  fttuation  of  the  fcveral  nations  of  Europe  ^  and  efpecially  of  tkofe 
•^  nuith  nvhicb  the  United  States  have  important  relations^  cannot  but  render  tht 
Jlate  0/  thi.-jgs  between  them  and  us,  matter  of  interejling  inquiry  to  the  legijlatiiiref 
and  may  indeed  give  rife  to  deliberations  t  to  lukich  they  alone  are  competent,  I 
ha've  thought  it  my  duty  to  communicate  to  them^  certain  correfpondences,  luhick 
have  taken  place. 

The  reprefentative  and  executive  bodies  of  France  have  manifefied generally,  a 
friendly  attachment  to  this  country,  have  given  advantages  to  our  commerce  and 
navigation,  and  have  made  overtures  for  placing  thefe  advantages  on  permanent 
ground  J  a  decree,  however,  of  the  National  AJembly,  fubjefltng  veffels  laden 
nuith  provijlons  to  be  carried  into  their  ports,  and  making  enemy  goods  laivful  prize 
in  the  veffel  of  a  friend,  contrary  to  our  treaty,  though  revoked  at  one  time,  as  ta 
the  United  States,  has  beenfmce  extended  to  their  veffels  alfo,  as  has  been  recently 
fluted  to  us.  Reprefentations  on  the  fubjeSi  nuill  be  immediately  given  in  charge  t9 
cur  minijler  there,  and  the  refultjhall  be  communicated  to  the  leg'iflature. 

It  is  ivith  extreme  concern,  I  have  to  inform  you,  that  the  proceedings  of  the 
perfon,  vuhom  they  have  unfortunately  appointed  their  minijler  plenipotentiary  here^ 
have  breathed  nothing  of  the  friendly  Jpirit  of  the  nation,  ivhichfent  him  j  their 
tendency,  on  the  contrary,  has  been  to  involve  us  in  ivar  abroad,  and  difcori  and 
anarchy  at  home.  So  far  as  his  a£ls,  or  thofe  of  his  agents,  have  threatened  our 
immediate  commitment  in  the  ivar,  or  flagrant  infult  to  the  authority  of  the  lavus, 
their  effect  has  been  counter a£ied  by  the  ordinary  cognizance  of  the  laivs,  and  by 
an  exertion  of  the  powers  confided  to  me,  Where  their  danger  ivas  not  imminent, 
they  have  been  borne  with,  from  fentiments  of  regard  to  hts  riation ;  from  afenfe 
of  their  frtendfhip  toivards  us  ;  from  a  conviction,  that  they  nvould  not  fuffer  us  to 
remain  long  expofed  to  the  aSiion  of  a  perfon,  ivho  has  fo  little  refpeSled  our  mutual 
diffofttions ;  ana,  I  will  add,  from  a  reliance  on  thefirmnefs  of  my  felloav  citizens 
in  their  principles  of  peace  and  order. 

In  the  mean  time,  I  have  refpeSled  andpurfued  the  fiipulations  of  our  treaties, 
according  to  '-what  I  judged  their  truejhife  ;  and  have  ^withheld  no  aft  of  friend^ 
Jhip,  which  their  a^airs  have  called  for,  from  us,  and  vuhich  jujiice  to  others,  left 
usj'ree  to  perform.  I  have  gone  further ;  rather  than  employ  force  for  the  reflitution 
of  certain  veffels,  ivhich  I  deemed  the  United  States  bound  to  rejiore,  I  thought  it 
more  advijable  to  fatisfy  the  parties,  by  avoiuing  it  to  be  my  opinion,  that  ifrejii~ 
tution  nvere  not  made,  it  -would  be  incumbent  on  the  United  States  to  make  compen- 
fation.  The  papers,  novu  communicated,  will  jnore  particularly  apprife  you  of 
theje  tranfa(hons. 

The  vexations  and  fpoliation  underjlood  to  have  been  committed  on  our  veffels 
and  commerce,  by  the  cruifers  and  officers  offome  of  the  belli eerent  powers,  appeared 
io  require  attention.  The  proofs  of  thefe,  hoivever,  nrt  having  been  brought  J'or~ 
nxjard,  the  defcription  oj' citizens,  fuppoj'ed  to  have  fuffered,  vjere  notified,  that  on 
furnifhing  them  to  the  executive,  due  meajures  would  be  taken  to  obtain  redrefs  of 
the  pnji,  and  more  ejfeSlual  proviftons  againji  the  juture.  Should fuch  documents 
befurnijhed,  proper  reprejetUations  will  be  made  thereonf  ivitb  ajuji  reliance  on  m 
ridrej's  proportioned  to  the  exigency  of  tie  caje. 


^ 


;S 


"T^^  Britt/h government  having  undertaken,  by  orders  to  the  commanders  ofthe'w 
tii'med 'vejfetsy  torejlrain,  generally,  our  commerce,  in  corn  and  other  provijions, 
:;j  their  O'ivn  ports,  atid  thofe  of  their  frienis,  the  infiriidions  mixj  communicated, 
'^yere  immediately  for'-warded  to  our  minijler  at  that  court.  In  the  mean  time.  Come 
(iifcujjions  on  the  fubjeff  took  place  bet-ween  him  and  them  :  Thefe  are  alfo  laid  be- 
■■  we  you,  and  1  may  expeSi  to  learn  the  refult  of  his  fpecial  inftru^ions,  in  time  t$ 
'.ake  it  kno--wn  to  the  legijlature,  during  their  prefent  fejfion. 

Very  early  after  the  arrival  of  a  Britijb  minifler  here,  mutual  explanations  on 
the  inexecution  of  the  treaty  of  peace,  ivere  entered  into,  vtfith  that  minijler  j  thefe 
irre  now  laid  before  you,  for  your  information. 

On  the  fubjeds  of  mutual  intereft  bet-jueen  tlis  country  and  Spain,  negociatiom 
rnd  conferences  are  nonu  depending.  The  public  good  requiring  that  the  prefent 
jiate  of  thefe  fhould  be  made  known  to  the  legtflature,  in  confidence  only,  thej  Jhal 
i:  thefubjeB  ofafeparate  andfuhfequent  communication. 


6":    fVA  S  H  I  N  G  T  0  If, 


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tVI^ 


=*»«3 


PAPERS     &c. 


.,l;1-    .       i     ,'     -#      '^-^        <    1 


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tegoctaUons 
the  frejent 
',  thejjhal^ 


J  0  l{, 


TRANSLATION. 


.'  ■■■w 


l^'qaiJatlon  of  tiia 
Debt  of  the  United 
States  to  France. 

Sir, 


Philadelphia,  May  ai,  1795. 

ad  year  of  the  French  Republic. 
The  Citizen  Genet,  Minijler  Plenipotentiary  of  the 
French  Republic,  to  Mr.  JeffhivC'M'J,  Secretary  of 
State  of  ihe  United  States  of  America. 


THE  executive  counqjl  of  the  French  Republic  has  learnt  through  my  pre- 
deceflbr,  the  Citizen  Ternant,  the  readiness  with  which  the  government  of 
the  United  States  of  America  attended  to  the  facilitation  of  the  purchafes 
which  that  minilter  was  charged  to  make  in  the  United  States,  on  account  of 
the  French  Republic  ;  as  alfo  the  acquittal  of  the  draughts  of  the  colonies  for 
v/hich  imperious  circumftances  obliged  it  to  provide.  The  executive  council, 
fir,  has  charged  me  to  exprefs  to  the  American  government,  the  acknowltdg- 
ipent  infpired  by  all  the  marks  of  friendjhip  which  it  has  given  on  this  fub- 
jeft  to  the  French  nation  j  and  to  prove  to  it  the  reciprocity  of  our  fentiraents, 
it  has  determined  to  give  at  once  a  great  raovement  to  the  cr:r,iiierce  of  France 
with  America,  in  drawing  henceforth  from  tlie  United  States  tlic  gicatelt  part 
of  the  i'ubfiltence  and  ftores  necelTary  for  tlie  armies,  fleets  and  colonies  of  th« 
French  Republic. 

The  executive  council  has  entrufted  me  with  the  direftion  of  theie  great  and 
ufeful  operations,  and  has  given  me  particular  powers  comprehenda.1  in  the 
reports,  and  in  the  refolutions  now  encloled,  in  virtue  of  which  I  am  authoriled 
by  the  council  and  by  the  national  treafury  of  i  ranee,  to  employ  the  fums  of 
which  the  United  States  can  effeft  the  payment  (towards  their  debt  to  France) 
cr  thofe  which  I  can  procure  on  my  peribnal  draughts,  payable  by  the  national 
treafuiy,  in  purchafmg  provillons,  naval  (tores,  and  in  fulfilling  other  parti- 
cylar  fei-vices,  confonnably  to  the  orders  which  have  been  given  to  me  by  the 
minifter  of  the  interior,  of  war,  o^'  the  marine,  and  of  foreign  aflfairs. 

The  government  of  the  United  States  is  too  enlightened,  not  to  perceive 
the  immenfe  advantages  which  will  refult  from  this  meafure  to  the  people  of 
America,  and  I  cannot  doubt  that,  knowing  the  difliculties  which  different  cir- 
cumftances might  oppofe  at  this  moment,  to  the  execution  of  the  prefling 
commilTions  which  have  been  given  to  me,  if  it  Ihould  not  facilitate  to  us  ItiU 
the  receipt  of  new  liims  by  anicipation,  it  will  find  in  its  wildom,  and  in  the 
reports  now  enclofed,  of  the  minifter  of  the  public  contributions  of  France, 
jWeafures  proper  to  atifwer  our  views,  and  to  fatisiy  our  wants. 


C      6      1 


It  does  not  belong  to  me  to  judge  if  the  Prefident  of  the  United  Statei,  is  In, 
▼efted  with  powers  lufficicnt  to  accede  to  our  recjueft,  without  the  concunence 
of  the  legiflative  body  :  but  I  will  permit  niyfelt,  to  obrerve  to  you,  fir,  that 
the  laft  anticipated  payments,  which  took   place,  prove  it,  and  that  this  que- 
ftion  appears  equally  decided,  by  the  aft  of  Congrels,  which  authorii'es  the  ex- 
ecutive power  r  ot  to  ckoige  the  order  of  the  reimburiiments  of  the  foreign 
debt  of  the  United  States,  unlefs  it  fhall  find  therein  an  evident  advantage.  Nowt 
what  advantage  more  I'enlible  can  we  offer  to  you,  than  that  of  difcharging  your 
debt  to  us  with  your  own  produftions,  without  exporting  your  cafli,  without 
recurring  to  operations* — thcburthenlbme  operation  of  bankers  ?  It  is  furniftiing 
you,  at  the  fame  time,  with  the  means  of  paying  your  debts,  and  of  enriching 
your  citizens  j  in  fliort  it  is  to  raiie  the  value  of  your  productions,  and  confi;- 
quently  of  your  lands,  in  e(labli(hing  a  neceflary  competition  between  us  and 
a  nation  which  has  in  a  mealure  relumetl  with  a  great  deal  of  art  and  of  facrifices, 
the  monopoly  of  your  own  produtlions.     It  is  time,  fir,  that  this  commercial 
revolution,  which  I  coniider  the  completion  of  your  immortal  political  revolu- 
tion, fhould  accomplifli  itlelf  in  a  folid  manner  ;  and  France  appears  to  me  to 
be  the  only  power  which  can  operate  this  incalculable  good.     Sh,.  defires  it  ar- 
dently.    The  wife  arrangements  of  which  I  have  now  given  ycu  an  account, 
ai-e  the  proof  of  it.     It  remains  then  with  your  government  to  fecond  the 
views  which  are  fuggefted  to  us  by  our  constant  friendftiip  for  our  brethren  the 
Americans,  and  by  the  defne  we  hr  ve  to  ftr ?ngthen  the  bonds  which  unite  us  tq 
them.  It  wiUbe  apleafing  duty  to  me,fir,  to  conform  mylelf  in  the  adminiftration 
which  is  confided  to  me,  to  thefe  fentimtiito  of  the  French  nation,  for  all  the 
United  States  j  and  in  order  that  every  one  of  them  may  participate  in  the  ex- 
tenfion  of  our  commercial  relations,  I  will  take  care  to  diftribute  my  purcha- 
fes  among  the  different  itates  of  the  Union,  as  much  as  the  natural  produftions 
of  their  foil  and  the  nature  of  their  commerce,  will  pennit.     I  will  negleft  no 
means,  moreover,  in  order  that  the  modes  of  purchafe  prefcribed  to  me,  may 
enable,  not  only  the  American  and  French  merchants,  but  alfo  the  land-holders 
and  fanners  to  take  advantage  of  the  benefits  which  niay  refult  t'rom  our  pur-. 


In 


chafes. 


GENET, 


TRANSLATION. 


(Copy.) 

American  Debt, 

I  ft  Report. 

/^ITIZEN  Genet,  Minifter  of  the  French  Republic  to  the  United  States  of 
^^  America,  has  been  charged  by  the  provifbry  executive  council,  to  iblicit  the 
American  government,  for  the  payment  of  the  fums  remaining  due  to  France 
by  the  faid  ftates,  though  all  the  terms  ftipulated  for  the  reimburfemcnt  have  not 
yet  expired. 

The  provifory  executive  council  were  led  to  this  refolution, 

J.  By  the extenfive  wants  of  the  Republic,  as  well  in  fubfiftence  for  interior 
confumption,  as  for  warlike  Itores  and  provifions  required  for  the  army  by  fea 
and  land. 

a.  From  the  convenience  with  which  a  part  of  thefe  ftores  and  provifions  may 
be  purchafed  in  the  different  markets  of  the  United  States. 

3.  From  the  advantage  which  the  Republic  would  find  in  making  thefe  pur- 
chafes  in,  and  with  the  monies  arifing  from  the  American  debt. 

4.  In  fine,  from  the  confideration  that  the  United  States  might  find  It  conve- 
nient to  anticipate  the  reimburfements  of  t'.e  monies  due  to  France,  when  they 
were  to  be  employed  within  themfelyes  in  purchafing  tlic  productions  of  their 
IbiJ. 


I 


onsarc 
rity, 
cafe  t 


t 


w 


I 


i 


i 


[ 


3 


In  cohfeqvience,  the  Citizen  Genet  has  concerted  with  the  minlftersof  the  in- 
terior, of  war,  of  the  marine,  and  of  foreign  affairs,  in  order  to  obtain  a  ftate- 
ment  of  the  expenfes  of  their  leveral  departments.  According  to  this,  the  funds 
to  be  difpofed  of  by  Citizen  Genet,  will  amount  to  about  feventeen  millions  of 
livres  tournois,  afumnotequal  tothewholeof  the  balance  due  by  the  United 
States  to  France. 

But  here  two  queftions  arife  with  Citizen  Genet— 

ift.  How  to  arrange  the  matter  fo  as  that  this  fum  (hall  be  properly  account- 
ed for  in  the  national  treafury,  through  which  it  ought  to  pafs  ? 

And  luppofing,  fecondly— That  the  purchafes  of  wai'like  ftores  and  provifi- 
ons  areindiipenfable,  and  ought  to  be  made  and  expedited  to  France  with  cele- 
rity, the  Mmifter  Genet  defirea  to  know  how  the  money  can  be  replaced,  in 
cafe  the  Ama'ican  government  (hould  refufe  to  anticipate  the  reimburiements  ? 
Observations.— —ift.  On  the  Confiflency. 

Suppofmg  that  the  United  States  fhould  conient  to  anticipate  their  reimburfe'- 
menti.  j  they  may  do  fo,  in  two  ways— 

By  fonantes*  or  bank  notes  for  the  fame  term  ; 

Or  by  fta»-e  fecurities  on  intereft,  and  reimburfable  on  a  given  term. 

The  firft  of  thefe  is  accompanied  with  no  difficulty.  The  Miniftcr  Genet 
Vvill  fiimifh  his  affignmeuts  or  notes  on  the  treafury  of  the  American  govern- 
ment, for  the  warlike  ftores  and  provifions,  and  other  preffing  want.:;,  for  expen- 
fes relative  to  the  fupport  of  Coni'uls— for  extraordinary  and  fecret  purpofes  of 
embaiTy— and  for  viftualling  and  refitting  veflels.  Thefe  notes  will  beftamp- 
ed  by  the  depai-tment  of  theminiftiy  upon  the  compatibilily,  of  whom  they  will 
have  been  fiimiihed  ;  the  American  treafuiy  will  return  them  into  the  French 
treafury,  in  payment  of  the  debt  of  the  United  States;  when  they  will  be  pafled 
to  the  credit  of  the  faid  ftates  j  and  to  the  debit  of  each  department  of  the  mi- 
niftiy  whence  they  iffiied,  or  wi^ofe  ftamp  they  bear,  as  a  part  of  the  funis 
allowed  by  the  National  Convention  to  each,  for  their  expenfes. 

The  method  in  the  fecond  place,  fhould  be  the  fame,  becault;  the  minifter  Ge- 
net will  not  accept  ftate  fecurities  of  the  American  government,  unlefs  he  can 
make  ufe  of  them  as  ready  money,  of  which  he  is  to  affure  himfelf  before  the 
conclufion  of  any  tranfaaion  on  either  fide. 

Then  the  receipts  which  the  Minifter  Genet  will  fumifh  the  American  go- 
vernment, with  the  ftamp  of  the  department  for  which  their  value  fhall  havs 
been  employed,  fhall  have  the  fame  efFeft  with  regard  to  this  government  and  the 
French  treafury,  as  if  their  value  had  been  paid  in  fpecie. 

It  might  happen  that  the  ftate  fecurities  which  the  Minifter  Genet  fhould  re- 
ceive inftead  of  ready  money,  as  above  mentioned,  may  lofe  fomething  of  their* 
value  by  depreciation,  but  then  this  lofs  is  to  be  carried  to  the  debit  fide  of  the 
account,  which  the  Minifter  Genet  will  fuitiifh,  of  the  manner  in  which  they 
fliall  have  been  employed,  for  the  departments  of  the  interior,  of  war,  of  the 
marine,  and  of  foreign  affairs. 

2d.  Incafe  the  American  go'vernment  Jbould  not  confent  to  any  anticipation  in  the 
payment  of  the  debt  of  the  United  States  to  Trance^ 

There  are  but  two  methods  to  provide  for  this  improbable  contingency— if  • 
We  can  fuppofe  that  the  United  States  have  any  intereft  in  acknowledging  the 
Fiench  Republic,  and  living  on  friendly  terms  with  her. 

Even  admitting  that  we  could  not  reckon  on  the  good  will  of  the  United 
States,  the  fituation  of  the  finances  or  the  exceflivc  dearnei's  of  the  metals,  in 
comparifon  to  notes,  not  permiting  us  to  export  a  large  fum  of  dollars  to  Ajnc- 
rica,  we  fhould  be  obliged  to  make  ufe  of  drafts  on  Europe :  they  muft  be ' 
either  on  London  and  Amfterdam,  by  the  help  of  a  credit  to  be  obtained  for  Citizen 
Genet,  :md  of  which  he  muft  give  informiition  ia  America^  or  upon  the  nati< 
onal  treafury  of  France  itfeU, 

•  Bills  of  Exchange^ 


I 


t  «  1 


Th»  Englifli  government  Jiaving  determined  to  make  war  oh  us,  tlie  ^rlf 
method  cannot  and  o\ight  not  to  be  made  ufe  of.— It  would  be  not  only  impol- 
fible  to  obtain  a  credit  to  the  end  of  our  operations^  but  it  would  be  attended 
with  great  expenle,  from  tl'.e  low  ftate  of  exchange  occaConcd  by  the  war.  'I'he 
only  reiburce  then  remaining,  would  be  to  fumith  orders  on  the  national  trea- 
fury  :  but  if  thcle  (hould  enjoy  the  ciedit  which  they  mwlt,  thtr-e  is  reaibn  to 
believe,  that  the  American*  would  itill  prefer  thein  for  afllgnments  of  the  debt 
of  the  United  States.  So  that  it  is  very  probable,  that  this  means  of  manag- 
ing the  matter  in  America,  the  belt  the  Republic  i*  at  pre-ent  capable  of 
devifmg,  is  that  on  which  the  executive  council  may  with  greatelt  falety  re- 
ly, unkfs  the  United  States  would  wilh  to  render  themfelves  hnltile  towards  the 
Kepublic,  which,  from  '.'very  appearance  is  unlikely  to  be  the  cale.  But  it  ii^ 
proper  we  (hould  provide  for  every  contingency,  the  omifHon  of  which  might 
tauie  Citizen  Genet  embarrallrnent  j  therefore,  the  minifter  of  public  contribu- 
tions propoles  to  the  provilory  executive  council  the  following 

DECISION. 

The  national  trealury  wil!  furnifh  Citizen  Genet  with  a  declaration  in  writ- 
ing, authorizing  him  to  employ  agreeably  to  the  orders  of  the  minifters  of  the 
interior,  of  war,  of  the  marine,  and  foreign  affairs,  the  lums  he  (liall  receive 
from  the  government  of  the  United  States,  on  account  ot  the  debt  due  to  France, 
or  the  complete  balance  thereof,  as  well  principal  as  inteielt,  in  conformity  t* 
the  inftruc^ions  given  to  Citizen  Genet,  on  that  lubjeft. 

The  national  treafury  will  authorize  the  Citizen  Genet  to  funiifli  or  caufe  to 
be  furnifhed  upon  his  banker,  bills  of  exchange  drawn  at  two  months  fight, 
to  the  amount  or  the  liims  requilite  for  the  pyment  of  fuWiftence,  warlike  ftores,' 
and  other  expenles)  of  thofe  miniiters.  The  laid  bilU  of  txthange  (liould  be 
employed  to  make  up  the  laid  payments  only  in  cale  Citizen  Genet  (hould  not  be 
able  to  do  lb,  either  in  whole  or  in  part,  with  tht  funds  arifing  from  the  Aniericaw 
debt,  which  he  is  charged  to  negociate. 

And  in  (ine,  in  order  to  induce  the  United  States  to  make  thifc  reljftnbufftmcht. 
In  cale  they  (hould  not  be  able  to  cffeft  it,  either  in  whole  or  in  part,  with  (pe- 
cie,  the  Citizen  Gentt  is  authorized  to  accept  it  from  the  American  government 
in  luch  (late  notes,  bearing  interelt,  as  (hall  be  received  at  pai-,  by  the  per'ons  to 
whom  Citizen  Genet  may  nave  payments  to  make  on  account  ot  the  ^^tpublic. 
The  orders  which  Citizen  Genet  (hall  ivani(h  on  the  treafury  of  the  United  States, 
in  exchange  for  fpecie  or  (late  notes,  (hall  cairy  in  th.eir  laces  the  declaration  of 
the  department  for  which  they  (hall  have  been  employed  :  the  Treafurer  of  the" 
United  States,  after  difcliarging  their  air.ount,  fhail  lend  them  to  the  French 
treafury,  where  they  will  be  received  as  fo  much  ready  money,  in  difcharge  of 
the  debt  of  the  United  States,  and  as  expenditures  in  part  of  the  fums  alloweit 
by  the  National  Convention  to  the  three  departments  defignated  in  the  orders.—-' 
The  bills  or  exchange  on  the  national  treafury,  (liall  in  the  lame  manner  bear 
the  (tamp  of  the  minifterial  department,  for  the  expenle  of  which  they  have 
been  fumilhed,  and  (liall  be  charged  by  the  national  trealuiy,  on  account  of  the 
fum  allowed  by  the  National  Convention  to  the  faid  department. 

The  Citizen  Genet  (hall  tranfmit  to  each  miniller  proper  llatements,  fup- 
ported  with  vouchers,  as  well  of  the  ufe  made  of  the  funds  agreeably  to  his  or- 
flers,  as  of  the  manner  in  which  he  Ihall  have  procured  them. 

In  cafe  the  Citizen  Genet  (hall  have  received  from  the  American  government, 
bills  or  ftate  fecurities  in  reimburl'eitjent  of  the  debt  of  the  United  States,  which 
he  could  not  pafti  without  lome  facriiice  j  the  lols,  in  that  cafe;  (liall  be  confi- 
dered  as  part  of  the  cxpcnfes  of  purchal'e,  ti  anfporiation,  or  paymentsi  coniideii 


■ 


,sii  lUt-n\i-it> 


rr;  i 


v\  i',v)i   \ei;}! 


t      9     1 


••V 


•. 


4 


S*iould  the  council  approvs  of  tM«  c'cclfion,  a  copy  thciecf  VmW  be  Tent  to 
the  CitizLii  Genet,  certitu-d  by  tliii  f-.-crtury  or*  the  tounrll,  as  v/tli'as  t.l»c  lul- 
Milteisof  the  u^Lirldr,  cf  war,  ot  the  marin;-,  au  1  ot"  {'ort-if^a  alTalr^. 
Purit,  the  zd ''January  1793. — ihi  lAjear  of  the  RcjuliL. 
The  prereat  vie??ioiri;  hna  bcth  read  and  :'.ppro\ed  in  the  provlibr/  execu-lve 
coUiicil,  the  4.th  ot:  jajiuuiy,  r79', — in  tlie  2d  year  ot  the  Riuublic. 
■  '  "The  Secreiarj  of  ih:  Coumir, 


r)     jlt' 


7  - 
GROUVKLLE. 

(Si^n'.ed)      Le  Brun, 

Mi,-:i(}er  for  Foniqn  Afairrs.     .   ,, 
I  hereby  certily,  t'lat  the  foregoing    is   a  tri^e  copy  from  th?  orufmal  In  my 
poireifion. — Philadelphia,  zzd  May,  .1793 — 'n  tlic  iccondyear  of  the  Republic. 

The  Mhiljkr  of  the  French  Rrfuhlic, 

G  E  N  K  T. 


■je  ccuncUf 


TRANSLATION. 

Extrr.fi  from  th  rollers  of  the  deiiheratli>is  of  the  prcv^fory  excniti'Vi 
cj' t/Je  ^th  jimunrj,  i793i  in  thi'  fccotid ^'ear  of  the  Republic. 
n~*HE  niinlfter  ibr  foreign  affairs-,  havlii^r  iniornied  that  t!ie  citizen  Genet, 
•^  appoinied  iMinifter  picuipottuliary,  I'-om  the  French  Republic  to  uhe  Con- 
grefs  ot  the  United  State.;  ot  America,  and  that  it  would  Le  neceir.iry  for  th«; 
council,  to  decide  dtfinitivcly  on  his  lnli:rufHons  for  the  fuliniment  of  hi» 
million. 

The  draf*-  of  the  fame  was  accordlnjyly  read— the  council  in  adopting  it,  <te- 
clares  that  the  copy  thereof  for  citizen  Genet  fli;dl  be  iigni'd  by  the  Preiiilent, 
and  counter-fignrd  by  the  Minifter  lor  foreign  affaiia. 

After  which  t!ie  executive  council,  wifliing  to  defermine  the  form  in  which 
the  full  powers  given  to  citi/cn  Genet,  fhall  be  exercifcd  relatively  to  tlie  gene- 
ral dire.^ion  of  conlular  buhnefs,  accordhig  to  the  preft-nt  idras  of  the  Mini- 
fter of  the  marine  and  of  foreigii  alFairs,  who  have  obitrved  the  nccefiity  v'i  a 
new  organization  of  ti>e  confulates  ?.nd  vice-coiiliiiates  in  Amti'ica,  has  co>i- 
fidered  and  relblved  on  the  following,  which  fliail  fcrve  as  inltruitions;  to  Citi- 
zen Genet,  for  whatever  may  concern  this  part  of  Ills  miflion,  and  of  v/!iica 
aiib  a  copy  iigncd  by  the  rrcfident  of  the  council  snd  coimrer-figned  by  the 
niinilter  of  the  marine,  ihall  be  given  him.  Here  follows  the  inltruiticn  coii" 
cerning  the  general  affairs  of  the  coni'ulates  and  vice  conilihtes  of  Nortii- 
America.* 

The  executive  council  then  took  into  confiJcri^ticn  the  p-rticul  -r  mlaion  of 
Citizen  Genet,  Minifter  pknipotentlary  from  theJlepu"'ic  of  France  to  t!\s 
Congrefs  of  the  United  States,  on  the  iubjecf  of  ntgociai'on  relative  to  ths 
reimburlement  of  the  fums  due  or  t!:at  may  become  due  of  th;  dcrbt  tlu-j 
by  the  Unitetl  States  to  the  French  Republic.  An  account  was  given 
of  the  difftrcnt  difpofitions  and  Ucpo  already  taken  for  this  purpofe.  It. 
was  obferved  that  confidering  the  utility  of  applying  the  product  of  the  rcim- 
burlemtnts  which  may  he  cft'ecf  ed  through  Cor.grels,  to  the  purchaie  of  w.ir- 
hke  Itorcs  and  provifons,  whicii  it  may  be  convenient  to  the  Republic  to  pro- 
cure in  the  different  markers  of  t!ie  United  States  ;  tliat  the  Citizen  Gt-ntr, 
had  conccjted  on  tlils  head  with  the  minifters  of  tlie  interior,  of  war,  cf  the 
marine,  and  of  ibreign  affairs,  in  order  to  determine  the  mafs  of  the   land*. 


*  This  inftruFnoii  is  de^ofiUd  in  the  office  oj  the  Mi'iifer  for  fcre'ign  af^iirs,  and 
ccrt'ficd  cQpj  thcrcsf  has  vcc::  delivered  to  Citizen  (Jenet.  (J, 

15 


[       iO       } 


vlcan  irovernment  fliould  not  rcali/e  its  reimbiirfenients  In  proportion  to  tlie 
purcliales  made  on  account  ot  the  Republic. 

Whereupon  the  provifory  executive  council,  after  having  heard  and  difcufled 
the  reports  and  mealiues  prefenttxl  by  the  miniftcr  of  contributions,  agree  upon 
the  following : 

ift.  The  Citizen  Genet  fhall  be  authorifed  to  employ,  agreeably  to  the  orders 
of  the  minifter  of  the  interior,  of  war,  of  the  marine  and  foreign  affairs,  the 
iuras  wliich  rnay  be  paid  to.him  on  account  of  the  debt  due  by  the  United 
Stales,  to  Frarice,  or  the  whole  reimburferaent  thereof.  y  .^^  ^, ,  ,.  , 

and.  In  order  to  facilitate  the!e  reiniburfements,  the  Citizen  Genet,  in  cafe 
he  fliall  not  be  able  to  obtain  them  in  fpecic,  may  accept  them  in  fuch  Itatc- 
Jiotes  as  fhall  be  remitted  to  him  by  the  American  govtrnmcnt,  and  received  as 
j'eady  money,  by  the  perfons  lo  whom  Citizen  Gdnet  Ttnay  har'C  paymclits  to 
make  on  account  of  :  he  Rtfpublic. 

3d.  The  orders  which  the  Citizen  Genet  fhall  fuinifh  upon  the  treafury  of 
the  United  States,  in  exchange  for  their  value,  fliall  indicate  the  department 
on  account  of  which  they  may  be  drawn.  Tiie  treafury  of  the  United  States 
flfter  difchargiiig  thefe  orders,  fliall  tranfmit  them  to  the  treafury  of  the  French 
Republic,  where  they  fliall  be  confidtied  as  lb  much  money,  in  dilcharge  of 
the  debt  of  the  United  States,  and  t>s  making  a  part  of  the  f'umii  placed  by  tiitf 
National  Convention,  tothc  dil'pofltion  of  the  minifteiial  depaitments  ueiig- 
ilateil  in  the  orders. 

4th.  In  cafe  the  reimburfements  of  the  United  States,  fliould  hot  be  efFe£leJ 
in  time,  or  a  fum  fuificient  obtained — tiic  Citivxii  Cjcnct  fliall  be  authorifed  to 
furnifli  on  the  general  banker  of  the  national  treafury,  l-yills  of  exchange,  at 
two  months  iight,  to  tlie  amoimt  of  the  Ivmv.s  dircded  to  be  employed  by  him 
in  the  payment  of  provifions,  war- like  ilorts  and  otlier  expiiifc^  ordered  by  the 
faid  minillcrs.  Thefe  hills  of  exchange,  as  well  as  the  orders,  fhall  be  fiamped 
with  th«  name  of  the  minilterial  departincnt,  on  account  of  which  tiny  (hall 
liave  been  furnifhed,  in  order  that  the  national  treafury  may  debit  each,  with 
the  Ann  expended  on  its  account. 

,5th.  The  Citizen  Gent- ♦•  fhall  fiunidi  each  minifler  with  a  proper  flatement, 
accompanied  with  vouchors  in  Aipport  of  it,  as  well  oi  the  application  of  tlie 
funds,  conformably  to  his  orders,  as  of  tlie  manner  in  which  he  fhall  have  ob- 
tained them. 

<3th.  In  cafe  the  Citizen  Genet  fliall  have  received  frorti  the  American  go- 
vernment, bills  or  ftate  fecurities,  (hom  d'etat)  in  I'eimburfefpent  of  tiie  debt  of 
the  United  States,  which  he  could  not  pafs  without  fome  facrifice,  the  lofs  in 
that  cafe  fliall  be  confidered  as  part  of  the  expenfes  of  purchafes,  tranfportation 
or  payments  confidtil  to  him. 

j  7th.  A  certified  extra6\  of  this  deliberation,  fliall  be  given  to  The  commit- 
tee of  the  national  treafury,  to  enable  them  to  concur  in  expediting  the  above 
mentioned  airangements  ;  and  in  order  thereto,  to  fuinilh  die  Citizen  Genet 
Vv'ith  declaratioiis  and  poweris  fufficient  to  enfure  the  fuccels  of  the  important 
*perations  with  which  he  is  charged.  fvi/tfr.       ;.j,;i.,..    ) 

^1,,.,.    _  Duhlieate  conformable  to  the  fegipr,     .,'.  ,ii.,,V  ij.r.iv   ,,'./';„..;;/'>'  , 
;, '  :,(^'S"^^0    Grouvelle, 

Secretary  of  the  Council. 

I  hereby  certify  that  the  afoi'egolng  is  a  true  copy  from  the  original  in  my 
pofleflion. 

The  Minklerfrom  the  French  Repulflic,  to  the  Umted  States  of  AtKcrica. 

G  E  N  E  T. 


•  Vfvji  i 


■x, 


'i!ii;:  .>■/■' 


Ill  r; 


"I'r.M.! 


,f 


J 


warcl 

tvcj- 

acqul 

Kiiricl 

appef 

a  noJ 


ito  t\it 

ifcufled 
ee  upon. 

orders 

irs,  the 
United 

in  cafe 
ti  Itatc- 
;evveil  as 
icnts  io 


afiiry  oi 
>artmcnt 
State* 
e  French 
hargc  of 
:d  by  the 
ts  liefig- 

e  efFefleJ 
orifed  to 
lange,  at 
d  by  him 
ed  by  the 
e  (lamped 
tliiy  fliall 
ach,  with 

ftatement, 
ion  of  the 
i  have  ob- 

:rican  [»o- 
lie  debt  of 
the  iofs  i)i 
fportatioii 

e  ccmniit- 
the  above 
zen  GenL't 
important 


nal  in  my 
America, 


(O  "<••■ 


< 

■i 

t 


American  Debt, 

id  Report 
'T^HE 


'*^  '  "'^  T  R  A  N  S  L  A  T  I  O  N.    ';■"'    --y"-'''"-' ''  1^'  • 
Report  of  the  Mi/.'ijhr  of'  puiUc  ■CDV.t'r':hi*i':ns.,  en  the 
liquiJiiiinii  cfiho  Avierkun  Debt. 

the 


5  approaching  departine  of  the' Citizen  Genet,  on  his  nnhafly  to  thi 
-*•  United  States  of  America,  i-cquirts  that  the  provilbry  executive  council 
(hould  again  take  up  tiie  lubJLv^t  of  the  debt  due  by  the  United  States  to  the 
Republic  of  France. 

f  Iiavc  given  information  to  Citizen  Genet  of  the  offers  made  by  Colonel 
Smith  or' New- York,  to  procure  to  the  Republic  ..ot  only  the  reimburllnient  of 
what  i-emains  due  from  the  United  States,  although  not  yot  paynblt,  but  for 
the  applicat;on  of  it,  eithtr  for  liipplics  fcr  the  aimy,  or  wheat,  flour  andlaltcd 
provillons  in  augmentation  of  oui  inicrnal  fupplics. 

Colonel  Smith  has  g-one  to  England,  and  has  kTt  no  other  accounts  relative 
to  the  operations  he  piopoled  to  eater  upon  j  io  that  all  is  "reduced  to  tlie  preli- 
minaries of  the  ne:^-(>ciaticn. 

Thefe  preliminaries  coniift  of  a  letter  from  the  minifter  of  public  contributions 
of  the  7th  of  November  lall  to  Coioiul  Smith,  a^ter  having  been  referred  to  thi 
executive  council. It  contains, 

ilL  An  e::t;-a61:  from  the  regiifers  of  the  council,  approving  the  offers  of 
Colonel  Smith.  " 

ad.  The  account  current  of  the  United  States  with  the  French  Republic, 
and  that  of  the  intt.reil  of  the  ill  of  January  lext. 

3d.  Statement  of  the  lofs  which  the  national  treafury  would  fuftain  on  the  re- 
iniburfenieiils  vv/hich  it  has  received  from  the  Uiiited  Siiitt-s  of  America,  if  thty 
are  not  held  accountable  for  the  diiftrence  between  the  aliignats  which  it  re- 
ceived ;md  the  fpccie.  '  ■      .' 

4th.  An  approbation  of  the  redu*5lion  to  f^erliug  money  of  the  fum  due  to  the 
French  Republic  at  the  rate  of  21s.  or  1  guinea  for  25  livres,  loi'bus,  Frencli 
money,as  Colonel  Sraith'was  to  obtain  it,  which  fum,  confuting  of  the  capital  due, 
or  the  in^erciv  up  to  the  ill  of  January  next,  and  the  lois  on  payments  already 
made,"  was  to  be  paid  at  iAJiiJon. 

5.  The  approb:irion  01  tlie  price,  and  condiiions  on  w'lich  CoJonrl  Smitlx 
rffeied  to  furnifli  firelocks,  deiivcrable  at  Duukiik,  iigivcably  to  .amnles  to  be 
lent  thoe  l)y  him. 

I  have  tnmfmitted  a  copy  of  all  thefe  p;iyen',  to  Citl2en  Contl,  to  whom  tlie 
accounts  will  prove  I'-lHul  in  negbciatiuj.';'  llu-  nimljuritnunt  of  the  (lei)i:  of  the 
United  States,  and  the  funis  ariiing  troni  die  rtiiaburien.ent  for  tiie  necillities  of 
the 'Republic.  i    „  ... ,  r    >.  .;ir.-,    .«;•■,  ^'.i.j    ^  ...^ 

Th.  Citizen  Genet  will  obft-rve'that  the  ;imount  wlH  havi^becn  drniliiifVied  oil 
liis  arrival  in  the  United  States,  if  wc  calcvfite  tiie  udv.iiicts  made  by  thi'  fVdiV;il 
treafury,  on  thertquilition  oi  Citi/eu  Ternaiif.  tolatisty  th;*  demaf.tis  of  cafli  and 
jirovifions  made  at  Philadeiphin,  by  the  :\iiuiniftralor.;  of  the  French  iiar;.  of  St. 
J)omingo  ;  advances  which  ihe  federal  truiiiuy  will  oico'irfe  count  as  io  ni^cU 
of  the  balance  due  by  the  Uni':ed  States  to  the  Republic  of  France.'  "     '',    "''"^ 

'Idle  Citizen  Genet  afterwards  requelled-inllruclions  as  well  with  i*efpeft'  'fo 
tlie  (onditioiiB  on  which  he  fliould  accept  the  renr.lnaiunent  he  hoj)es  to  obtain 
from  the  American  government, as  to  the  employment  of  the  iiims  which  fiiall  be 
deliveied  to  aim. 

■-'  ^^  ^'"  O  B  S  E  R  V  A  T  I O  N  S.    '  ''  :■ '  ^^' ' « '  "'•'■' "'  »■ 

There  can  be  n>  doubt  but  that  the  American  g(^vernment  will  be  liberal  to- 
wrada  France,  and  not  ixap  ;t  benefit  fioai  acpiitiing  if  :eii  with  afl"!e;nats.  Jlow- 
evei'  as  a  p:irt  ot  the  debt  yet  unpaid,  is  not  become  due,  and  a  law'jri.uive  to  the 
acquitment  of  this  debt  piel'cribes  to  the  executive  power  of  America,  not  to 
Kuncipute  ;my  payment  unlefs  upon  r.iUvaiili.'^ccus  te-  nis  tor  th.e  United  St;ites;  it 
appears  that  this  cu^ht  to  laciullilkd  previous  to  the  executive'*  witeriiK-^iiita 
a  negociation. 


[    iz    3 


This  Is  at  Itaft  tlic  refult  of  n  letter  written  l-y  Jccrefr.ry  Fr.milton  en  the  jtk 
of  March  laft,  to  the  Citizch  Ttrnunt.  lit  olvcrvcs  to  that  Anil^nirador  that 
the  fums  lent  hy  France,  weiebonowai  m  Ilollr.nd  ;  that  Itx  months  tiapfed 
between  the  tiniC  of  obtaining  the  money  al-  /imiierdam,  ana  iiS  itcript  at  (he 
trtafury  in  Ameii':a;  and  that  '.;ia  u:terclt  paid  d'.irin;;jj  that  tenirv/;is  ndc-ad  loi's. 
But  this  lols  can  have  no  relation  toFror.cc.  'l'\w  iiitciLJt  is  due  lo  her,  frciii 
the  moment  oi  t'le  payment,  and  payment  vas  made  tlie  initant  tiial  tin:  money 
was  lodged  at.  Annierdam  to  tjie  dilpoial  of  tlie  Amtricr...s.  ";  i-' 

Ttiis  objeft  does  not  appear  tlicn  to  give  rii'e  to  tmy  conipenratiof),  and  with- 
cut  doubt  the  AmiTican  treairuy  will  thin!:  i.  pvnpfr  to  hold  to  tlie  :-:'ivn)*nge  tli? 
law  requires  for  authorizing  tlie  anticipation  of  the  payments,  which  the  United 
States  arc  obliged  to  make  to  France. 

'I'hc  law  does  not  fpeciiy  tliis  advantage.  What  ftould  It  l)er  The  employment 
of  the  money  on  account  of  the  Frerch  Kepu^lic  v/It!nn  the  United  Sratfs,  is  a 
'■•eiy  great  advantage  for  them,  and  this  einployir.:  nt  ariies  fiora  circimitt?nce? 
which  probably  ^^■ouId  no  Icnt^cr  exilt,  jf  tiie  Air^eiican  trtaliiry  Ihoulci  jcfuie 
to  anticipate  reimburiunents.  'The  advantage  here  is  real ;  it  confilts  not  only 
in  a  confulerable  exportation  of  Anierican  produce,  wb.ich  wiii  I»e  j^aid  lor  with 
tJ:ole anticipated  rt-iniburfementsj  but  aho  in  tiie  ai r:aigerr.ents  which  the  Ame- 
rican government  may  take  by  means  of  fiat«  noies;  ricgotiable  in  America  itielf. 
— Aarangemenls  Vv^iiicli  would  relieve  her  trom  ail  financial  opera*-!oiis  in  Furore, 
for  the  purpofe  of  acquitting  themieivc¥  even  iiiFraiice,  whuv  the  United  Gt;ui;< 
are  obliged  to  make  piyment. 

And  the  empicyment  of  thofe  fums  in  Amciica,  (hie  to  tl.e  Frenrh  "epuhlic, 
fo  convenient  to  the  United  States  in  the  prclcnt  circumltances,  wouitl  iuit  tlie 
convenience  of  the  Republic. 

The  minifter  for  ioreign  affairs  ha«  alj-:ady  ordered  a  piuxhafe  c!'  grain,  f!o\:r. 
and  faked  provifions  to  the  value  of  3,000,000  livres  en  account  ot  the  Ame- 
rican debt,  and  this  purchafe  could  not  be  paid  for  nioie  auvantagecuily  than  jm 
this  manner. 

It  would  be  convenient  to  the  Repnbllc  to  give  fpr  In,-  cominilTtons  for  gi-ain, 
even  to  the  amount  of  the  balance  due  by  the  United  States  5  nor  could  this  be 
blamable,  as  every  circumltance  concurs  in  inviting  the  provilbiy  executive 
council  to  provide  tlie  Republic  with  large  fupplies  of  provifions,  and  promptly, 
and  whether  in  rcfpett  to  the  market  or  the  payment,  nothing  could  at  this 
moment  be  more  beneficial  to  America,  and  i\o  money  obtained  eafier  than  that 
with  which  the  United  States  .could  pay  us. 

The  iiim  to  be  difpofed  of,  will  rot  perliaps  prore  fo  confiderable  as  were  t# 
be  wiflial,  ccnfidering  the  wants  of  the  French  colonies,  which  undoubtedly 
will  have  occafioned  )kw  demands  to  be  made  at  Philadelphia,  fmce  thoie  ac- 
<3u"tted  l^y  the  Citiyxn  Ternajit,  of  the  monlf  J  remitted  to  him  by  the  federal 
treaiury,  as  is  ftated  in  his  letter  of  the  9th  of  March. 

It  remains  to  Ipeak  of  the  conditions  on  which  the  American  government 
^VGuld  exonerate  itieif  towards  the  Republic  ; — thofe  propoied  by  Secretary  Ha- 
mil'ton^in  his  letter  of  the  asdof  June,  1792,  to  the  Miniiter  I'lenipotentiary 
of  I' ranee. 

„  He  reminds  us  that  It  has  already  been  agreed,  betv^-ecn  the  French  government 
and  the  United  States,  warlike  ftores  (mu.itioiis)  lurninicd,  rnd  the  payments 
made  and  to  be  made  in  the  United  Statej;,  on  account  of  the  debt  due  to 
Fj;ince,  fliould  be  liquidated  agreeably  to  the  intnnfic  value  of  the  metals 
in  the  two  countries. 

This  agreement  is  the  moll-  equitable  that  could  pcfTihly  be  enteietl  into,  when 
v  confider  that  Frar.ce  fliould  be  paid  at  her  own  treauuy,  agreeably  to  the  above 
niethoel  of  calculation,  thecxpenieof  traniportation  of  the  metals  iiom  Ameri- 
ca to  France,  and  the  infuranee.  But  by  anticipation  oi  ieimburcmai.,  this 
>«"/////>«,'/!;//,  would  be  abandcncd.  •      '■•'■-'  '  ' 


rnent 

iU])pl 

r 

our  rt 

chanc 

iivr> 

and 

jcana< 

T 
gover 
tween 

Ar 


•^    4 


I 


1 


1  the  7  til 
ii'tor  that 
tlupJed 
If  ;it  (he 
It-ad  loi's. 
icr,  frciii 
It:  nionty 

r.tl  witli- 

>*ngetli? 

lit- United 

picyr.ient 
ntf:-,  is  li 
mUtpnccs 
i]d  ixhii'e 
not  or,!y 
lor  with 
the  Amo- 
ira  itielf. 
1  pAiroj  e, 
:ed  Gtavc^ 

i  iuit  the 

nin,  FiOMVf 
tiie  Ame- 
ly  than  111 

for  pain, 
Id  this  he 

executive 
promptly, 
d  at  this 
than  that 

18  were  t» 
idoiibttdly 
;  thoie  ac- 
:he  tl'derai 

avcrnnicnt 
vtary  Hu- 
pottntiary 

ovfrnmcnt 

payments 

lit   due  to 

tlie  metals 

into,  wliai 
:)  the  above 
im  Anuri- 
Yxiv,  this 


la  confequer.'.e  of  this  conv<=ntion,  Secretary  Hamilton  fixH  thr  quantity  of 
pure  gold  aa.l  pure  fdver  contaii.fid  in  a  Louis  and  I'rench  crown  :  he  compare* 
tliem  with  the  quantity  of  tb.e  iai.ne  matters  contained  agreeably  to  law  in  a  dol- 
lar J  and  concludes  (errors  in  information  or  calculation  cxcepa-d)  that  a  French 
livre  is  equal  to  eig'iieen  15-1 QO  a',;/j  of  money,  equal  to  thehundretith  part  of 
a  dollar. 

It  is  upon  this  principle  he  prcpofts  'to  convert  our  French  livrcs  into  the  dol- 
lars, which  will  be  delivered  in  tne  United  States  to  the  Piench  agents  autho- 
rized to  tranfaft  thii  bufinefs. 

I  think  this  reduftion  ItiU  more  advantageous  to  the  Republic,  than  the  pro- 
mifemadeby  Colonel  Smith,  in  cafe  we  ihould  obtain  anticipated  rcimburfe- 
mcnts.  Be  it  as  it  may,  wc  cannot  refule  it  j  and  doul)tlefs  Secretary  Hamilton 
takes  for  granted,  that  all  the  articles  of  the  account  current,  between  the  French 
Jlepublic  an;l  the  United  States,  will  be  turned  into  dollars  rgra'ably  to  this 
flandard.  This  account  is  in  the  poflt-filon  of  Citizen  G«ne: — it  is  nccelTaiy 
only  to  make  it  out  in  two  columns  on  the  debit  and  credit  f:des — to  wit — an  in- 
ns:'r  column  for  the  French  livres,  and  an  cuter  column  tor  the  American  dollars. 

The  account  of  interell  Ihouid  be  made  iw/^oK? //!'.v — fixing  an  epoch  polte- 
rior  to  the  ill  of  January,  1793,  for  clo^ng  the  fame,  alter  the  rurival  of  Citi- 
ven  Genet,  which  cannot  be  ib  early  as  that  date. 

'I'hus  the  account  current,  of  which  he  is  the  heai'er,  will  ftrvc  lilm  only  as 
a  note  fixing  theda'^-s  and  funis  by  wliic!:  another  account  ol  ca}))(al  and  iniereit 
may  be  made  cut,  and  the  converhcn  of  e:'.ch  article  therein,  iuLu  doilurs,  w'.II  do 
away  the  i\ecefiity  ot  an  account  of  lolfes  by  exchange.  I'lie  ri-imbui  ii.mentg 
made  end  not  ccmprifed  in  this  account  are  to  be  added  to  it. 

This  brings  me  to  the  obfervations  which  I  was  induced  to  nK;kc  in  rf  j.-ly  to 
thoie  of  Citizen  Genet,  relative  to  the  liquidation  and  rcimbur  hr.cnt  ot  tht 
American  debt,  and  therefore  propofe  to  the  council,  tli£  loilowlng  •    ,  .. 

DECISION.  '     '     *         ■" 

That  the  Citizen  Genet,  Minifter  Plenipotentiary  of  the  Republic  to  the 
United  States  of  America,  be  charged  by  the  proviibry  executive  cmiicii,  to 
/blicit  from  the  American  government  the  reimburfemcnt  of  the  balance  remain- 
ing due,  capital  and  interelt,  by  the  United  States  to  the  Fiench  RejiubJic, 

That  lie  aliign  as  a  rsafon  tor  this,  the  {ueiTing  neceHitus  of  the  Rvpuljlic, 
«ccupied  in  the  deft  nee  of  its  liberty  and  independence,  c^  the  United  States  de- 
fen  .led  theirs  w!:en  tills  fum  was  Isnt  to  them. 

Tint,  as  a  law  of  the  United  States  authorifes  the  federal  goverrm^nt  to 
make  thele  reimburl'ements  by  anticipation  only,  in  cai'ccf  an  ad\antr,j;;y  lefiilt- 
ing  to  the  United  States,  by  lb  doing,  the  Citizen  Genetjpromiie  to  the  govern- 
ment, that  the  whole  fum  delivered  to  him,  fliail  be  cm)/ioyed  in  the  puicl.aie  of 
lupplies  tbo  growth  of  the  United  States,  purchafed  and  paid  for  wirhir.  the  Ihme, 

That,  as  the  United  States  wlfli  to  leiinburle  what  tliey  owe  to  TiMnce,  with-, 
out  reaping  advantage  therefrom  in  any  manner,  from  tne  prekut  i'tiite  cf  ex- 
change, the  Citizen  Genet  be  authorized  to  confent  to  a  converiion  of  Frcack 
iivres  into  dollars,  upon  tlic  rule  fixed  upon,  viz — the  (^uanti'.y  cf  pure  gord 
and  jMire  fiver,  contained  in  a  Louis,  and  in  a  French  crowri,  and  in  the  Afutri- 
jcan  uo  liars,  agreeably  to  the  laws  of  both  countries,  fixing  the  vah:eoi  thofc  coins. 

That  the  Citizen  Genet  employ  the  funis  he  fnall  receive  iiom  the  America* 
govermnent,  agreeably  to  the  dilpofitions  for  that  purpoll'  made  in  concert  be- 
tween the  miiidiers  ol  war,  of  the  maiine,  and  of  fore-gn  ai.airs. 

And  that  certified  copies  of  this  report,  of  theobftiVati.'rs,  ana  of  tiia  dcci- 
^n,  (hall  be  ti-anlhiittcd  to  the  Citizen  Genet,  for  his  iMhnit?acns. 

Kead  and  approved,  in  the  provifory  executive  council  at  Paris,  thc4.thof 
January,  1793 — in  tht  ad  year  of  the  French  Repuluic. 

M  0  .N  G  E,  Ptr/Jent, 
Lk  B  R  U  N,  Miniprfcr  Fowsn  Affiiirs, 


T 


NatlonalTreaiury. 


1 . 


TRANSLATION. 

Cof>y  of  a  letter  'zvritii-n  by  thi  C.ovimi(fn  ners  of  the  Nutioncil 
7  reafurj,  to  the  Prefideat  of  the  FrO-vifo  y  Executi^jc  CoiuidU 
CmzEN  President, 
"tltT"  E  have  received  the  extract  which  the  provifory  executive  coimcil  have  ad- 
•*  dreffed  to  us  of  their  deliberation  of  the  4th  of  the  prefent  month,  hy 
which  the  Citizen  Genet,  nunifter  from  the  Republic  to  the  United  States  cf 
America,  is  authorized  to  make  ufe  of  the  lums  which  the  Congrels  may  be 
able  to  pay  of  the  debt  due  by  the  United  States  to  France,  or  thole  which  he 
may  procure  on  his  own  notes,  payable  by  the  cafhier  of  the  National  Trealiir}-, 
in  purcbafing  provllions  and  warlike  ftores  agreeably  to  the  orders  which  fliail 
be  given  him  by  the  minillers  of  the  interior,  of  war,  of  the  marine,  and  of  ib- 
reign  affairs. 

To  concur  as  far  as  is  in  our  power,  and  according  to  the  intentions  of  the 
executive  coimcil,  in  forwarding  the  meaiures  pointed  out  in  the  deliberation, 
we  have  the  honor  to  aflure  ycu,  Citizen  Prefidtnt,  that  whatever  fum  fliall  bs 
fent  to  us  in  the  iiame  of  Congrels,  of  the  adjuittaucvs  or  onlcrs  furniflicd  by 
the  Citizen  Genet,  to  the  treaiiirer  of  the  United  States,  and  imlicating  the  de- 
partment of  the  French  miniftry,  for  which  he  fliall  have  iffued  them,  we  (ha'J 
immediately  advife  the  executive  council  thereof,  in  order  that  we  may  f>e  en- 
abled to  credit  the  American  Congrels,  on  account  of  their  debt,  for  their 
amount. 

Should  the  relmburfements  which  Congrefs  may  make,  prove  inlufficient  to 
anfwer  the  different  purpoies  required  I)y  the  minilUrs  of  thg  Republic,  an^l 
Citizen  Genet,  to  fulfil  his.iniluon,  be  obllgaf  to  recur  to  his  own  notes  p:;ya- 
ble  at  two  months  fight,  upon  Citizen  Doyer,  general  cafliier  of  the  Nationi>l 
treafiuy,  we  (hall  exanjjne  when  prefented,  and  immediately  refer  them  to  the 
minlfter,  to  whofe  department  they  fhall  relate,  in  order  that  in  the  inteiTal  be- 
tween their  ex:miination  and  lime  of  payment,  the  miniffcis  may  have  the  pro- 
per and  regular  authorities  expedited  to  authuilze  the  payment. 

As  our  mnftions  are  unconne(5led  in  a  direft  manner  with  the  minifters  fent 
by  the  Republic  to  the  different  governments,  we  conceive  that  this  letter  an- 
fwers  the  intentions  manifeltcd  by  the  executive  council  in  article  7,  of  tlieir 
cieiiberations,  that  v.e  fliould  concur  in  the  difpofitions  contained  therein.  Aii,- 
thenticated  copies  of  this  letter,  expedited  in  ih;;  name  of  the  executive  council 
to  the  minilter  Genet,  will  give  him  f'ufHcient  alVurances,  for  his  million.  Ci- 
tizen Prefident,  of  all  the  facility  which  can  be  derived  from  our  concurrencj^. 
VVe  are  with  relpeft,  &c.  .,   .. 

^.   •  (Signed)  By  the  CommiJJloners  of  the  National  Treafitryf 

Li^RMiNA,  Gaudin,  Devaine,  De  Li»  Fontaine, 
Savelete  f.  et  Dutramblay. 
Paris,  8  yanuary,  1793,  zJyearofthe  French  Republic. 
WE   the  underligned  niiniiters  and  meml)ers  of  the  prcvifonf  executive  couHr 
cil  of  the  French  Republic,  certify  that  the  above  are  the  fignaturts  of  the 
commlHioners  of  the  national  treajury  of  the  repvfl)lic,  and  that  the  letter  under 
which  they  ai'e  figncd,  was  written  m  confequcnce  of  the  miilion  given  by  us 
to  Citizen  Genet,  Minilfcr  Plenipotentiary  from  the  Republic  to  the  Congrefs 
of  the  United  States,  to  erjdeavor  the  reimburlement   of  the  debt  due  fi\yin  the 
United  States  to  France,  and  the  purchafe  of  provifions  in  the  feveral  market* 
ef  North  America. 

lione  in  Ihe  Provifory  Executive  Council  at  Paris,  the  i7tli  of  Januaiy, 
1 793,  in  the  2d  year  of  the  French  Rep\iblic. 

The  members  compcfmg  the  PrO'Vtfory  Exeattlve  Council, 
(Signed)      Clavii-re,  le  Brun,  Pache,  Roland,  Mongk,  Garat. 
1  hereby  certify,  that  the  aforegoing  is  a  true  copy  from  the  original  in  my 
polfcflion. 

The  Minijhr  Plcmpolatllary  frcvi  tic  French  Republic ,  to  the 

Wnltiii  Ijtiitcs  of  America. 
(Copy)  GENET. 


TXv  Citi 

S ' 
QlNoi 
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ons  imp 
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neutral  1; 
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grcls 


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to  them 

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;f  Tcur  ;;■() 

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.    founded 

I  am 

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(.any  port 


I 


[     15     ] 


the 


TRANSLATION. 

AVA.w.  '  .^.  i'    .^.    Philadelphia,  May_a3Q,  1793. 


2(1  year  of  'the  Republic. 
Tl-^e  Citizen  Gene:,  Minifltr  plenlpot^tiary,  of  the  French  Rcpubtic,  to  Mr.  Jef- 


Si  R, 


ferfon.  Secretary  of  Ji ate  for  the  United  States. 


■>; 


f{  :i 


qINGLE,  againft  innumerable  hordes  of  tyrants  and  flavcs,  who  menace  her 
•^  rifing  liberty,  the  French  nation  would  have  a  right  to  leclaim  the  obligati- 
0:1s  impofed  on  the  United  States,  by  the  treaties  flje  has  contrafted  with  them', 
and  which  flie  has  cemented  with  her  blood  j  but  ftioi'ig  in  tlic  greatnels  of  her 
ineaMs,  and  of  the  power  of  her  principles  not  lefs  raloiibtable  to  her  enemies, 
than  the  victorious  arm  which  flie  oppol'cs  to  their  rage,  (lie  comes,  in  the  very 
time  when  the  emilTaries  of  our  common  enemies  are  making  ulelefs  efforts  to 
neutralize  the  gratitude, — to  damp  the  zeal, — to  weaken  or  cloud  the  view  of 
of  your  fello\V-citizens ;— (he  comes,  I  fay, — that  geneious  nition ; — that  faithful 
friend,  to  labour  Rill  to  increafe  the  proJj,erityjaftd  add  t©  the  h^ppinefs  which 
(lie  is  pliafed  to  fee  them  enjoy. 

Tlie  obftacles  raifed  with  intentions  hoflile  to  liberty,  by  the  perfidious 
TfilnilKTS  of  defpotifm; — the  obftacles  whofe  objefl  was  to  flop  the  rapid  prq- 
gre.'s  of  the  commerce  of  the  Americans,  and  tlie  exteniioh  of  their  principles  j 
cvift  no  more.  The  French  Republic,  iceing  in  them  but  brothers,  has  opened 
to  them  by  the  decrees  now  enclofed,  ail  her  ports  in  the  two  worlds; — has 
granted  tbeniall  the  favors  which  lier  own  citizens  enjoy  in  her  vaft  pofTeffions  j— • 
has  invited  them  to  participate  the  benefits  of  her  navigation,  in  granting  to' 
their  vellMs  the  liime  rights  as  to  her  own  j — and  has  charged  me  to  propole  to 
your  government,  to  eitablilh  in  a  tine  family  compaCl,  tlial  is  in  a  national 
civ,upai"t,  the  liberal  and  fraternal  bafis,  on  wliich  fhe  wilhes  to  fee  raifed  the 
couiinercial  and  political  fyftem  of  two  people,  all  whole  interefts  are  con- 
founded. 

1  am  inverted,  fir,  with  the  powers  nccefTary  to  undertake  this  Important 
wegociatiou  of  which  the  fad  annals  of  humanity,  offer  no  example  before 
the  brilliant  aera  at  length  opening  on  it. 

GENE  T. 


1 


TRANSLATION.? 

Decree  of  tbe  National  Convention,  ofi()thFebrtimy,  1793,  idYear 

of  the  French  Republic,  relative  to  produce  exported  and  iitiprtcd  in  American 

'Vfjfels,  to  the  Colonies  or  to  France. 
'T^HE  National  Convention,  after  having  heard  the  report  of  the  committee  of 
general  defence — Decrees  as  follows  : 

Art.  I .  That  all  the  ports  of  the  French  Colonies  be  open  to  vefTels  of  the 
United  States  of  America. 

Art.  2.  That  all  produce  exported  or  imported  in  American  veflels  on  going 
out  or  entering  in  the  Colonies  or  ih  France,  pay  the  fame  duties  as  that  borne 
by  French  veflels. 

Art.  3.  That  the  executive  council  be  authorized  to  take  proper  nieafures 
that  the  flares  witji  whom  the  Republic  arc  at  war,  do  not  reap  any  benefit  from 
the  advantages  gianted  to  friendly  powers. 

Art.  4.  That  the  executive  power,  negociate  with  the  Congrcfs  of  the  United 
States,  to  obtain  in  favour  of  the  French  mcrclrants,  a  like  reduftion  of  the  du- 
ties granted  by  the  prefent  law  to  American  merchants,  and  thereby  more  c'lofely 
tejnjnt  the  benevolent  ties  which  unite  the  tv/o  nations. 

Art.  5.  That  the  law  of  the  20th  of  Auguil,  1790,  be  fufnended  ;  and  that 

ffeis  laden  with  merchandize  of  the  Eaft-Indics,  nr.-.y  be  at  hberty  to  land  in 
jHfty  port  of  thg  Republic,  during  the  war }  antl  that  thofe  which  fliall  be  laden 


C     i6     ] 


with.thcpreduftioin  of  the  Ifie  of  France,  and  of  BourboDi  fliall  henceforward 
enjoy  the  fame  mlvlkge. 

The  Nation;'!  Convention  ha**  fufpentled  *,'ie  law  of  the  »5th  of  May,  179X. 
ivhich  inhibited  the  Americans  from  introdticmg,  fellin},^  and  arminj!;  their  veflels 
in  France,  and  from  enjoying  all  the  advan::.gcs  allowed  to  tho;e  built  in  tlie 
flup-yards  of. the  Republic. 

Certified  to  be  conibnnable  to  the  decree  of  the  National  Convention  of 

France.        ,,.-.,.  „ 

' ,'    >•     '_     'The  MiKiJler  PUnij,oUntiarj  <if  the  French  Republic, 

,;.■..,:.;.!  n-,,f.--.r^r--,-.  .  0!   .;.,...,:■:'  .-;^>^,-V.        GENET. 


..f  ■  '-''J 


.:   1 ! 


» 


Philadelphia,  May  nth,  179J. 
Mr.  Jeferfon,  Saretary  of  State,  to  M.  Ttrnant,  Miuijitr  rUni^otcutiarj  of 

* — _— .•— ^— -■*  ^j   .'  tfilHCet  .  i   :^.-' .       .r->(  .   ti      ,    ,■•    ^        ■ 

rAVING  recdve.l  fcver^l  meraorla.ls  from  the  Eritifli  mlnlRer,  on  fuhjeftf 

•■•  arifing  out  of  the  preient  war,  I  take  the  liberty  of  enciofmg  tlitm  to  you, 
and  Ihali  add  an  explanation  of  the  detinninationi  of  the  govtinment  thereon.' 
Thele  wiU  ferve  to  vindicate  the  principles  on  which  it  is  meant  to  proceed,  and 
which  are  to  be  appUeJ  with  iinpartiaiity  to  the  proctedingii  of  both  parties. 
They  will  form,  tiitrefore,  as  iar  as  they  go,  a  rule  of  ail  ion  for  them  and 
for  u»._,. 

In  one  of  thef^^  memcrlals  it  is  ftated,  that  arms  and  military  accoirtrements 
ai'C  now  buying  up  by  a  Freiicli  agent  in  this  country,  with  an  intent  to  export 
them  to  lYance.  We  have  aniwtr'"d  that  our  citizens  have  always  been  ire? to 
make,  vend  an  1  export  arms  :  that  it  is  the  conltant  occupation  and  liveiiliood 
of  ibme  of  their.  To  fupprefs  their  callings,  the  only  means  perhaps  of  their 
fubfiftance,  btcauit:  a  war  exilts  in  foreign  and  diftant  countrii:s,  in  which  we 
have  no  concern,  would  fcarcely  be  expet^ed.  It  would  be  hard  in  principle  and 
impoffible  in  prai^ice.  The  law  of  nations,  therefore,  i\Jpefting  the  rights  of 
thole  at  peace,  hss  net  required  from  them  fuch  an  internal  derangement  in 
their  occupations.  It  is  fatisfied  with  the  external  penalty  pronounced  in  the 
Prefident's  proclamation,  that  of  confifcation  of  liich  portion  of  thefe  arms  a» 
(hall  fall  into  the  hands  of  any  of  the  belligerent  powers,  on  their  way  to  the 
ports  of  their  enemies.  To  this  penalty  our  citizens  aic  warned  that  they  will 
be  abandoned,  and  that  the  purchafes  of  arms  here,  may  work  no  inequality 
between  the  parties  at  war,  the  liberty  to  make  them  will  be  enjoyed  equally* 
by  both./ 

AnotKer  of  thefe  memorials,  complains  that  the  ccnful  of  France,  at 
Charlcfton,  has  condemned  as  legal  prize,  a  Britifli  vcITel  captured  by  a  French 
frigate,  obferving  that  this  judicial  a6l  is  not  warranted  by  the  uiuagc  cf  na- 
tions, nor  by  the  ftipulations  exilting  between  the  United  States  and  France. 
It  is  true  that  it  is  not  io  warranted,  nor  yet  by  any  law  of  the  land,  and  that 
therefore  it  is  a  mere  nullity,  can  be  rel'perted  in  no  court  5  make  no  part  in 
the  title  to  the  velfel,  nor  givt;  to  ihe  purchaser  any  other  fccurity  than  what  he 
would  have  had  without  it  ;  that  conliequently  it  pughi  to  give  no  ccnc;crn  t9 
any  perfon  interefted  in  the  fate  of  the  veffel.  While  we  have  conhdered  this 
to  be  the  proper  anfv/er,  as  betwten  us  and  Great-Britain  ;  betweep.  r.-j  and 
France,  it  is  an  aft  to  whicli  we  cannot  but  l)e  attentive.  An  alluir.ptic.i  of 
jurifiiiftion  by  an  officer  of  a  foreign  power,  in  cafes  which  have  not  been  pcr- 
mited  by  the  nation  within  whole^  limits  it  has  been  exerci fed,  could  ;.ot  be 
deemed  an  aft  of  indifference.  W«  hlw  not  full  e^'idence  that  the  cafe  has 
happened  i  but  on  fuch  an  hypotkris,  while  ^ve  fli-j'jl'i  be  difpofcd  to  vic\Til:' 


eforward 

iv  veflel* 
It  in  tiie 

ntion  of 

Uic. 
E  T. 


1793- 
aiticrj  of 


n  to  you, 
t  thereon. 
)ceed,  and 
I  parties. 
:hem  and 

iitrcmentif 
to  export 
ten  ire?  to 
livelihood 
)3  ot  their 
which  we 
nciple  and 
;  rights  of 
Terrient  in 
iced  in  the 
e  arms  a» 
vay  to  the 
t  they  will 
inequality 
3d  equally* 

Vance,  at 
r  a  French 
2:c  cf  na- 
lid  Fiance. 
>,  and  that 
lo  part  in 
m  wiiat  he 
ronccrn  to 
dered  this 
ecp.  r.'j  an;l 
ir.ptica  Of" 
:  been  pcr- 
jld  :.ot  be 
le  cafe  has 
to  view  iL 


r  t7  j 

ii  thU  inltanee,  \%  all  frror  in  judgrf.ent  in  the  particular  officer,  wr  fticukli 
rely,  lir,  that  you  would  interpoi'e  ethcacloufly  to  prevent  a  repetition  of  tho" 
error  by  him,  or  any  other  of  the  ccnfuU  of  yciir  nation. 

Our  infonnatioii  is  not  perieft  on  the*  lubjtct-matter  of  another  of  theft 
ricmoriaU,  which  itolts  that  a  veflci  has  been  ficteil  out  at  Charltfton,  ma:,ne;i 
t'.Kre,  and  partly  too  with  citizens  of  the  United  States,  received  a  comniifriou 
there  to  cruize  againlt  nations  r.t  pence  with  us,  and  has  taken  and  fent  a  Britifh 
vtllel  inLo  this  port.  Without  tcking  all  thefe  fails  for  granted,  wc  have  ndt 
hefitated  toexprel's  our  highell  diiapprobation  of  the  ccnth.ft  of  E^ny  of  cur 
Citizens,  who  may  perfcnally  tngnge  in  ccmniitting  hcftilities  ut  ica,  againlt  uny 
of  the  nations,  pr.rties  to  the  prelent  war ;  to  declare  that  if  the  ca'e  hr.s  h:'.p- 
penedjor  that  fhculd  it  happen,  we  will  exeit  all  the  means  with  which  the  law^ 
"and  ccnltitution  have  armed  ui,  to  dilcover  fuch  offenders  and  bring  them  to  con- 
dign punifhment.  And  that  the  like  conduct  fliall  be  obJt.v:.',  fr-cu'd  theliicc 
enterprizes  be  attempted  againlt  your  nation,  I  am  authoriied  to  give  you  the  mcft 
imreiei-ved  aflurances.  Oui  trlendfliip  for  rdl  the  parties  at  war  j  our  dcTire  to 
purlue  oun'tlves  the  path  oc  peace,  as  the  only  one  leading  furely  t9  profperiiy. 


men  and  vefiels  within  our  'crrltory,  and  v^ithout  tonient  or  coni'ultation  on 
our  part,  to  wage  war  on  nations  with  which  we  are  In  peace  ;  are  ads,  wnicU 
we  will  not  gratuitoufly  impute  to  the  public  autho'-ity  of  France  :  they  are 
ftated  indeed  with  pofitiveneiy  in  one  of  the  memorials,  but  cur  unwilUngnel*, 
to  believe  that  tho  French  nation  could  be  wanting  in  refpevil  or  fricndihip  to  us, 
on  any  ocadon,  fufpend^  our  ulTent  to,  and  concluCons  upon  thefe  Itatementi, 
till  further  evidence.  /O.liers  is  ftiU  a  furtlitr  point  in  this  memorial,  to  whicli 
no  aniwer  has  yet  been  gl/en. 

The  capture  of  the  BritKh  fhip  Grange,  by  the  French  frigate,  I'Embufcade, 
within  the  Delaware,  has  In-en  the  iubjt6l  of  a  lormer  lettei-  to  you.  On  fuii 
wid  mature  cortfidcraticn,  tl.e  governiiunt  deems  the  capture  to  have  been  un- 
queftionably  within  its  jurifdi^iion,  and  that  according  to  the  njles  of  neutrali- 
ty, and  the  protection  it  owes  to  all  perfons  while  within  its  luuits,  it  is  bound 
to  fee  that  tlw  crev/  be  libt  rated,  and  the  veflTtl  and  cargo  reitored  to  their  fonner 
owners.  The  Attomey-Genei'ai  of  the  United  States,  has  made  a  Itatement  of 
the  grounds  of  thiii  determination,  a  copy  of  which  I  have  the  honor  to  cnclole 
you,  I  am  in  ccnfequfnce  charged  by  the  Prefident  of  tlie  United  States,  to 
cxprefs  to  you  his  expe«5latlon,  and  at  ihe  fame  time,  his  confidence  that  you  will 
be  pleafed  to  take  immediate  and  effectual  meafures  for  having  the  fliip  Grang* 
and  lur  caigo, reitored  to  the  Britifli  owners,  and  the  perfons  taken  on  boai'd  hei-, 
fet  at  liberty, 

I  am  perfuaded,  fir,  you  will  be  fenfible  ort  mature  confideration,  that  in 
forming  thefe  determinations,  the  government  of  tlxe  United  Staies,  has  liilenetl 
to  nothing  but  the  diftates  of  immutable  jultice ;  they  confider  the  rlgorcu* 
esercilcot  that  virtue,  as  the  furelt  mpan*  of  .preiei-ving  perttit  harmony  btv, 
tTireen  the  UniU'd  ^latoft  and  the  powers  at  war. 

I  h^ve  the  honor  to  be,  ,  ^-rvrt  -a-h  o;  »Iji j  •f'^r- 


•  t..        J     !:;^a  ■■    •! 

,  With  fentlnients  of  great  refpeft,,       tn w  v 

Sir,              ^                     ;yj  T.'f 
.; .  ..J  .  Yourmoft  obedient  and     -ijij  W-  >'t 

V-     .       mcft  humble ferv ant, 
,    V   „:;.       .     Th:  JEFJ^-ERSON^ 

->;•    '  t'-:^u  -• 

v..                  .    '-^w  "l*    •     ■■  -:.,  P:i    .  '.JS^'^i'^ 

[  i8  ]  ,  ,      • 

^iie  Atitroey-Centyel  ef  the  Unittil  Slates,  las  lie  honor  of  fuhmttllng  io  tlf  Seertiart 

■"*"""""*'  if  fate  y  tit  opinion  concerning  the  fcizure  of  tki' Jbip  Grange.         >.  ,,  ' 

THE   ESSENTIAL   FACTS  ARE, 

T-!.      ':    .-,.   .    ...;'  ''■  /.'',  '"    '  '  •  "'■''■ 

HAT  the  river  Delaware  takes  its  rife  within  the  limits  of  the  tJnlted  States. 

Tluit  in  the  whole  of  its  defcent  to  the  Atlantic  Ocean,  it  is  covered  on  cack 
fide  by  the  territory  of  the  Unitcri  States  : 

'1  hut  from  tiuc-watcr,  to  the  didancc  of  about  fixty  miles  from  the  Atlantic 
Occ:in,  it  is  called  the  ri-ucr  Delaware  : 

That  at  this  diitance  from  the  lea,  it  widens  and  affumes  the  name  of  the  Bay 
©f  De'aware,  v%hlch  it  retains  to  the  mouth  : 

That  its  mouth  is  formed  by  tlie  capes  Kcnlopen  and  May ;  the  former  belong- 
to  the  flate  of  Delaware  in  property  and  jurilUi>iIicn  ;  the  latter  to  the  ftate  of 
New-Jcrfey. 

That  the  Delaware  does  not  lead  from  the  fca  to  the  dominions  of  any  foreign 
nation  :  " 

That  frcin  the  cftablUhment  of  the  Britilb  provinces  on  the  banhs  of  the  De- 
laware to  the  American  revolution,  it  was  deemed  the  peculiar  navigation  of  the 
UritHh  empire  : 

'1  hat  by  the  trc.'ty  of  Paris  on  the  3d  day  of  September,  178J,  his  Britannic 
Majelly  rcllnquiihcd,  with  the  privity  of  France,  the  fovereignty  of  thofe  pro- 
vinces, as  wtil  as  of  the  other  provinces amd  colonies: 

And  th-at  the  Grange  was  arrelred  ir.  the  Delaware,  ivithln  the  cap^s,  before  flic 
had  reached  the  i"..a,  ui'ter  her  departure  from  the  port  of  Philadelphia/ 

It  is  a  principle,  lirm  in  rcafon,  fupported  by  the  civilians,  and  tacitly  approved 
in  the  document,  traiulnitted  by  the  French  minifter,  that  to  attack  an  enemy  in 
a  neutral  territory  is  abfoluttly  unlawful.  / 

Hence  the  inquiry  is  reduced  to  this  finiple  form,  whether  the  place  of  feizurc 
was  in  the  territory  of  the  United  States? 

Fr^m  a  qucilion  originatinn;  under  the  foregoing  circuniftances,  Is  obvicufly  and 
properly  excluded,  every  conlidcration  of  a  dominion  over  they^a.  The  folidity 
<if  our  neutral  right,  does  not  depend,  in  this  cafe,  on  au;  of  the  various  diflances, 
claimed  on  that  element,  by  different  nations,  poffefling  the  neighbouring  Ihore. 
Li:t  if  it  did,  the  held  w'ould  probably  be  found  more  extenfive,  ami  more  fa-' 
vourable  to  our  demand,  than  is  fuppofed  by  the  document,  above  referred  to.  For 
the  neajj'ai-y  or  natiual  law  of  nations,  unchanged  as  it  is,  in  this  inftance,  by, any 
compatl  or  other  obligation  of  the  United  States,  will  perhaps  when  combined 
with  the  treaty  of  Paris  in  1783,  juftify  us  in  attaching  to  our  coafts  an  extent 
into  the  fea,  beyond  the  reach  of  cannon  Iliot. 

In  lilce  manner  is  excluded  every  confider-ition,  how  far  the  fpot  of  feizurc 
was  capable  of  being  defended  by  the  United  States.  For,  although  it  will  not 
be  conceded,  that  this  could  not  be  done  ;  yet  will  it  rather  appear,  that  the  mu- 
tual righrs  of  the  ftates  of  New-Jcrfey  and  Delaware,  up  to  the  middle  of  the 
river,  i'upercede  the  neceffity  of  fuch  an  invefllgation.  ^ 

No.  The  corner  ftone  of  of  our  claim  is,  that  the  United  States  are  proprie- 
tors of  the  lands  on_both  fides  of  :he  Delaware,  from  its  head  to  its  entrance  int« 
the  fea., 

ThS  high  Ocean,  in  general,  it  is  true,  is  rnfufceptible  of  becoming  property. 
It  is  a  gift  of  nature,  nianifeftly  delcincd  for  the  iifc  of  all  mankind — inexhaufliblc 
in  its  benefits — not  admitting  metes  and  bounds^  But  rivers  may  be  appropriated; 
becaufe  the  reverfe  is  their  filuation.  Were  tli'ey  open  to  all  the  world,  they  would 
prove  the  inlets  of  perpetual  difturbance  and  dil^ord ;  would  foon  be  rendered 
barren  by  the  number  of  thofe,  who  would  Ihare  in  their  produdls ;  and  moreover 
ii:aybe  defined. 

"  A  river,  confidered  merely  as  fych,  is  the  property  of  the  people,  through 
W'hofe  lands  it  flows,  or  of  him  undg^wbofe  jurifdidtion  tliat  people  'is."  Grot. 
I1.2.  c.  %.  f.  13.  «^' 


i! 


1   I?  i 


••  Rivers  might  be  liclcl  in  property ;  though  neither  where  they  rife,  nor  wlier-r 
they  difcharjrc  themfclvcs  he  within  our  territory,  hut  tht-y  join  to  hrth,  or  the  fca. 
It  isfwfficlciit  for  us,  thut  the  hirgcr  part  of  >.iUtr,  th.t  is,  the  lldcs,  is  {hut  up 
in  our  banks,  and  that  the  river,  in  rtfjieCl  of  our  Liiul,  i»  itir  If  fjiiull  ii:;d  infig- 
nificant"  Grot.  b.  2.  c.  3.  f.  7,  and  Earbegrcj,  in  his  note  fubjoins,  that  telthcr 
«f  thofc  U  necefTary. 

"  Rivers  may  be  the  property  of  vhole  ftates."  PufF.  b.  3.  c.  3.  f.  4,  >  '<  "^ 
"  To  render  a  thing,  capable  of  being  appropriated,  it  is  not  fl;ridly  neiclTary, 
that  we  fhould  inclofc  it,  or  be  able  to  indole  it  within  artificial  bounds,  or  liich 
as  are  different  from  its  own  fubftance  ;  it  is  fufficient  if  the  comp;d's  and  exti'ut 
of  it  can  he  any  way  determined.  And  therefore  Grotius  hath  given  liimft:lf  a 
needlefs  trouble,  when,  to  prove  rivers,  capable  of  property,  he  ufetli  this  argu- 
ment, that  although  they  are  bounded  by  the  land  at  neither  end,  but  united  to 
the  other  rivcici  or  the  feu?  yet  it  is  enough,  that  the  greater  part  of  them,  that 
is,  their  fides,  are  enclofed.  PufF.  b.  4.  c.  5.  f.  3. 

"  When  a  nation  takes  pofleffion  of  a  country  in  order  to  fettle  there,  it  pof- 
fcffes  every  thing  included  in  it,  as  lands,  lakes,  rivers,"  &c.  Vattel,  b.  i.  c. 
22.  f.  a66. 

To  this  lift  might  be  added  Bynkerfliock  and  Selden.  But  the  differtation  of  the 
former,  de  dominio  maris,  caiinct  be  quoted  with  advantage  in  detachment ;  and 
the  authority  of  the  latter  on  tlis  head  may,  in  the  judgment  of  fome,  i)artak2 
too  much  of  afleiflion  for  the  hypothcfis  of  mare  claul'um.  As  tit-lden,  however, 
finks  in  influence  on  this  queftion ;  fo  muft  Grotius  rife,  who  contended  for  tie 
mare  liberum;  and  his  accurate  commentator,  R  •.therfovth,  confirms  his  principle.* 
in  the  following  palTage,  "  A  nation,  by  fettling  upon  any  traftof  land,  which  at 
the  time  of  fuch  ibttlement  had  no  other  ownci,  acquires,  in  refpeifl  of  all  other 
nations,  an  exclufive  right  of  full  or  abfolute  property,  not  only  in  the  land,  but 
in  the  v.aters  likewife,  that  are  included  within  the  bnd,  fuch  as  rivers,  pools, 
creeks  or  bays.  The  abfolute  property  of  a  njition,  in  what  it  has  thus  feizcd  upon, 
is  its  right  of  territory,  %  Ruth.  b.  z.  c.  9.  f.  6. 

CcngrciS  t&o  have  a6led  on  thcfe  ideas,  when,  in  their  collcdion-laws,  they 
afcribc  to  a  ftate  the  rivers,  wholly  within  th'at  ftate.y*^ 

It  would  feem,  however,  that  the  fppt  of  feizure-fs  attempted  to  be  withdrawn 
from  the  protedlion  of  thcfe  refpedlable  authorities,  as  being  in  the  Buy  of  Dela- 
ware, iiiftead  of  the  Riicr  Delaware. 

Who  can  ferioufly  doubt  the  identity  of  the  River  and  Eay  of  Delaware  ?  How 
aften  are -different  portions  of  the  fame  ftream  denominated  difTereutly  ?  This  is 
fometimes  accidental  ;fometimes  for  no  other  purpofe,  than  to  afiiil  the  intcrcourfe 
between  man  and  man,  by  eafy  diftindions  of  fpace.  Are  not  this  River  and  thia 
Bay  fed  by  tiie  fame  fprings  from  the  land,  and  the  fame  tides  from  the  ocean  ? 
Are  not  both  doubly  flanked  by  the  territory  of  the  United  States  ?  Have  any  local 
laws  at  any  time  provided  variable  arrangements  for  the  River  and  the  Bay  i*  Has 
not  the  jurifdidicn  of  the  contiguous  ftates  been  exerciR  d  equally  on  both  .? 

But  fupf»ofe  that  the  River  was  dried  up,  and  the  Bay  alone  remained,  Grotius 
continues  the  argument  of  the  7th  letSliou,  of  fhe  3d  chapter,  of  the  2d  book  above 
cited,  in  the  following  words  : 

"  By  this  inftance  it  feems  to  appear,  that  the  property  and  dominion  of  the  f(#i 
might  belong  to  him,  who  is  in  poffclTion  of  the  lands  on  both  fides,  though  it  b<; 
open  above,  as  a  gulph,  or  above  and  below,  as  a  ftreight ;  provided  it  is  not  lb 
great  apart  of  the  fea,  that,  when  compared  with  the  lands  on  both  fides,  it  cannot 
be  fuppofedto  be  fome  part  of  them.  And  nov/,  what  ia  tlius  lawful  to  one  king 
or  people,  maybe  alfo  lawful  to  two  or  three,  if  they  have  amhid  to  take  pofiofiioii 
of  a  fea,  thus  enclofed  within  their  lands;  for  'tis  in  this  manner,  that  a  river, 
which  feparates  two  nations,  has  firft  bcjn  pollefled  by  both,  and  then  divided." 

'•  The  gulphs  and  channels,  or  arms  of  the  fea  arc,  according. to  the  regular 
courfe,  fuppofed  to  belong  to"the  people,  with  W'bofc  lands  they  arc  eucompalVvd/^ 
I'iiff.  b.  4,  c.  J,  f.  8.  .  4 


r-*°  1 


VuUn.  in  h.  .?,  tit.  T,  p.  <Rj,  cf  liis  commentary  on  the  niannf  ordonnarce  ojf 
!Fran's.e,  virtually  acknowledpcs,  that  parti.uiar  icus  may  be  approfiriured.  Afttr 
rcvkvving  the  cnntw-ft  between  Grotius  and  tiddcn,  he  fays,  "  S'il  (Seldon)  s'en 
fut  done  tfiiu  l:'i,  ou  pUifr)t,  s'il  cfit  diHinj:!!'.^  I'ocran  dcs  mcrs  particiiiiers,  tt 
meme  dans  I'occan,  Teti-nduc  de  mer,  qui  doit  etre  ccnff c;  a^-jrartcnir  aux  fouveraici 
tics  coks,  tjui  en  font  baignccs,  fa  vidoire  cTit  etc  cor.ipkttt;."  y'  i 

'i'liafc  remarks  may  be  enforced  i>y  aflcing^,  what  nation  ran  be  injured  in  it* 
rights,  by  the  Pelawarc  bc.ri.q:  appropriated  tu  tlvv*  United  States?  And  to  v.'hat 
tlcgrce  may  not  the  United  Stateb  be  injured,  on  the  contrary  ground  I  It  comuiu- 
nicatcs  with  no  foreign  dominion;  no  foreign  naiiru  lias,  ever  before,  cxa6ted  a 
Community  of  r'ghtiu  it,  as  if  it  were  amain  fca  :  Under  the  former  and  pn;fcnt 
j^jvermncnts,  the  exclufive  jurifdi-ilion  has  been  aff^rtud ;  by  the  very  firft  collctftion 
iaw  of  the  United  States,  palTcd  in  I7?9,  the  eour.ty  of  Cape  May,  which  include* 
Cape  May  iticlf,  and  al!  .  waters  thereof,  itlnretofore  within  the  jiirifdikilion  of 
the  ftate  of  Nev/-Jcrfey,  a'  comprehended  in  the  diflriiS  of  Bridgetown ;  the 
whole  of  the  (late  of  Dclawar;',  reaching  to  Cape  Hcnicpcn,  is  made  one  diftridl ; 
pTiy,  nnlefs  thefe  pofitions  can  be  maintuined,  the  bay  of  Chcfapcake,  which,  in 
the  fame  law,  is  fo  fully  afl'umed  to  be  within  the  United  States,  and  which,  for 
the  length  of  the  Virginia  territory,  isAibjetSl  to  the  procefs  of  feviiral  counties  to 
;iny  extent,  will  become  a  rendezvous  to  all  the  world,  without  any  poflible  con- 
trol from  the  United  States.  Ncr  will  the  evil  Hop  here.  It  will  require  but  an- 
other iTiort  Imk  in  the  procefs  of  reafoning,  to  difapproprlate  the  moutiis  of  fome  of 
our  moft  important  rivers.  If,  as  Vattel  inclines  to  think  in  the  294 i:h  fedion  of 
Ills  firll  book,  the  Romans  were  free  to  appropriate  the  Mediterranean,  merely 
fcecaufe  they  fecured,  by  one  fingle  ftroke,  fhe  immenfe  range  of  their  coaft ;  hovr 
piuch  ftron^er  muft  the  vindication  of  the  United  States  be,  fhould  they  adopt  max- 
ims for  prohibiting  foreigners  fropi  gaining,  without  permiflion,  accefs  into  the 
heart  of  their  country.  _^-'^ 

This  inquiry  might  m  enlarged  by  a  minute  difcufllon  of  the  pratSlice  of  foreign 
nations  in  fuch  circnniftances.  But  1  pafs  it  by ;  becaufe  the  United  States,  in  th^ 
commencement  of  their  career,  ought  not  to  be  precipitate  in  declaring  their  ap- 
probation of  any  ufages,  (the  precile  fadls  concerning  which  we  may  not  thorough- 
ly underhand)  until  thofe  ufages  fliall  have  grown  into  principles,  and  arc  incorpo- 
tated  into  the  law  of  nations ;  and  becaufe  no  ufage  has  ever  been  accepted,  which 
Hiakcs  the  foregoinj;  principles.  / 

The  conclufion  then  ik,  that  the  Grange  has  been  feized  on  neutral  ground,  if 
^Jiis be  admitted,  the  duty  aijGng  from  tlic  illegal  act,  is  reftitution. 

£dm:     RANPOLPift 

Mav  14,  17^3.      ' 


\{ 


,] .  -TRANSLATION. 

,  „  .i,i,>;;  !j  ;.,    ,     ...  PHU.ADELVHIA,  May  lyth,  1793. 

The  cd  year  ol  the  Republic  of  Fiauce. 
Ciiizcn  Cemt  Mir^ijlcr  Plenlpoienil^ry  of  the  Repuluk  of  France,  to  Mr.  Jeferjoif^ 
W  iHv\:x>    ■'  H-7  Hecrelarj  of  State  of  the  Uhited  Sii:ti:s» 

Sik, 
VA'Y  pralecenor  has  delivered  to  me  the  letter  wliich  ycu  wrote  to  him  the 
■*■        I  sth  of  this  mouth,  cniiViVA'.nicating  to  him  fundry  memoi'iHU  of  the 
Urifiili  minilter,  and  the  declfuna  which  the  American  government  has  taken 
«u  the  complaints  of  this  miuitter. 

T;ie  fidt  of  thefe  complaiiitis  which  yoii  report '  in  your  letter,  Sir,  is  wot 
fo'.nidcd  in  faft  j  I  have  no  knowledge  of  r)|e  parchai'e  of  the  arms  in  tjiieftion, 
and  at  ail  tyents  tho  reply  you  hr.v^  made  to  Mr.  Hammond  would  convince 
him  of  the  nullity  oF  his  obfervations,  ir  they  had  betn  diif  attd  by  good  faith  j 
but  It  is  prob.'.ble  that  this  (k-p  has  r.o  other  objct^  hut  to  prcpLUC,  diplo- 
■iatically,  j[>retext  $othe  Engiilh  fiups  pf  Nvr.r  Co  ful-jtcl  x^mtricsii  vctt'els  tVi^i^ ' 


•I 


[   "  T 

"UbcUt  the  fiia^low  of  tiieif  ratKleil  neutrality,  to:;ii'!)'frai*y  tifits  anJ  <letrntion*; 
The  Itcon  1  co;nplaint  ot  the  Envoy  ot  Gcarj-c  III.  Sir,  is  fbundt-d  en  the 
falc  ol'  the  priztn  Jint  mto  tiw  poitot"  CUarli;ltcn,l)y  thj  Enibuitado  frigate,  be* 
lonjfing  to  the  R-'piibiic  ot  France. 

I  (hall  cill  to  my  aid  only  fa^s  and  very  plain  reafonlng  in  replying  to  Mr« 
II  tnnnoii  i'li  ri.'i>ieic"ntation!»  on  this  point. 

The  troaiy  of  connunerce  ct  177?.,  anthoiircs  c:^c!vfive!y  all  the  vcffels  of  r/ar 
French  or  American,  ainvd  by  the  tw(»  llatta  or  by  individuals,  to  condr.ft 
firely,  w.ierever  they  pleafc  the  prizes  they  fliall  have  made  ot^  their  enemies* 
without  being  fuSjeifte.!  either  l%ia.:niiraky  or  any  o^hcr  duties,  \vithout  d'.'o  the 
faid  vefl'els  or  tlie  laid  pii/c^s  entering  the  ports  or  Fiance  or  of  Americn,  liclng 
Itopped  or  Iclzed,  or  the  oliicrr^  ot  the  places  being  permitted  to  take  cognizance 
of  the  validity  of  the  faid  pilzes. 

This  privilege  is  intcrdiih:d  to  the  cnem;escfe5*heroftht  two  nations  whlcli 
fliall  be  at  war,the  two  contra^ling  parties  havirg  expieisly  engaeed  not  to  permit 
any  foreign  pnvatei.r,  having  a  comnniflion  from  a  prince  or  power  at  v/ar  with , 
one  of  the  two  nations,  to  am  (htir  vcllils  ia  the  ports  ol'one  of  the  two  parties, , 
or  to  fell  there  the  prizes  th-y  flnll  have  tak  n.or  in  any  othir  manner  to  diJchavg* 
the  velTels,  meix'.iandizes  01  ^ny  part  of  their  carg0v\>.     Theie  privileges  which 
the  two  nations  have  rel'ei-ved  to  theniielves  exclufively,  ihe.'e  itvere'  and  clearly 
djiincd  rcltridilions  ngiinit  their  common  enem'.cs,  evidently  prove  that  in  virtue  ■ 
of  the  treaties  which  I  have  cited,  we  aic>ne  liave  at  preient  the  righ;  of  bringing 
our  prices  into  the  Amv^rican  ports,  and  of  there  doing  w.th  them  as  we  plcajie,  as 
prO|)t'riy  on  the  validity  of  which  the  civil  or  judiciaiy  officers  of  tiie  United 
tjtates  h::\venothingta  dy,as  long  as  the  laws  of  the  United  S'ates  arc  not  infringed. 
Jt  is  in  order  to  acquire  inibnnarion  on  this  important  iubjeft  that  the  publicity 
of  the  fale  of  prizes  authorized  by  t!ie  conlular  ofhcers  of  the  Kepu'jlic  is  necefi'ary  ;. 
and  if  in  the  fulfilment  of  this  (inty  prefcrlbed  by  iriend/hip,  and  our  retj»eft  tor 
the  law  of  nations,  the  Con:"ul  of  the  French  Republic  at  Charleston  has  made 
ule  ot  Ibme  formality  or  expieuion,  from  which  it  might  be  inferred  that  he  aiTO- 
gatsd  to  himfelf  junfdic^.on  unccvled  by  the  treaties  and  laws  of  the  United ; 
States ;  I  Hiall  take  care,  Sir,  that  this  error  be  avoided  for  the  future,  and 
that  all  proceedings  relative  to  the  iiile  of  our  prizes,  conformably  to  the  fpirit 
of  the  treaty,  beai'  the  (tamp  of  a  particular  national  traniniSHon,  and  of  tlie  plain 
aiid  leal  alienation  of  a  property  acijulred  by  the  laws  or  war,  acknowledged  t», 
be  lefjal  by  the'oflicers  of  the  French  natio.i. 

The  third  comjilaint  made  to  your  govtrnment,  fir,  by  the  Englifli  minifter, 
is  lelative  to  the  arinanjeirts  vhich  have  taken  place  at  Charleitoi?,  under  the  flag 
of  the  French  Republic.  The  American  government,  fir,  has  given  a  new 
proof  of  its  wiidom,  and  of  its  confidence  in  our  fentiments,  not  blindly  to  ad- 
mit the  aflertions  of  Mr.  Hammond.  In  reply  to  this  I  (hall  Itill  confine  my  ((-If 
to  fafts.  It  is  certain  that  feveral  veiTels  liave  been  armed  at  Chariefton,  that 
they  have  received  from  me  commilTions  of  the  Republic,  agreeable  to  the  furmt 
J  have  had  the  honor  to  communicate  to  you,  and  that  theie  veffels,  difpatched 
to  lea  with  great  celerity,  have  made  many  prizes,  have  condemned  to  ina^ion, 
by  the  terror  v^hich  they  have  ipread  among  the  Engli/h,  almoft  ail  the  lailori ' 
and  veflcls  of  that  nation,  which  were  in  the  ports  ot  the  United  States,  and  by 
their  fuccel's  have  very  fenfibly  railed  the  freight  of  American  veflels* ;  I  grant 
that  this  muft  be  difpleafing  to  Mr.  Hanunond,  to  his  court  and  to  lus  friends^ ' 
but  that  is  not  the  matter  in  gueltion. 

I  ought  by  a  fincere  expolition  of  my  conduft  to  put  yon  in  a  tapacity  to 
judge,  whether  I  have  encroaehed  on  the  lovereignty  of  the  American  nation,  rt* 
iawi  and  its  principles  of  government. 

Tht  veheli  armcvl  at  Chariefton  belong  to  Frencli  houfes  ;  they  are  command- 
lid  ;J3d  raiapned  by  Fre&cl^  citizens,  cr  by  i^mericansy  who,  at  the  moment  thef 


I  ^  1 


•nteretl  the  fcrvkf  oF  Francf,  in  order  to  <U'fcnJ  their  brothers  nint  their  frlendji 
knew  only  the  treaties  :iml  the  liws  of  the  United  Stutej,  noai'icleot  which 
inijxjfcs  on  tlu.m  the  jminfiil  iiijunftiun  ot  abandoning  us  in  lae  nii-lft  ot  the 
tiangcrb  whicii  uinoiirul  us. 

It  is  tlven  ev'ulcn..,  Sir,  thutiherearmunents  cannot  l)c  matter  ofcfllnce  In  the 
citi/cns  ot  the  lJiiitei.1  States  j  ani  t'nt  thoie  wiio  are  on  board  oi  our  velTeU 
have  renour.ce-d  the  innr.ediate  protcelion  oi  their  countiy,  ca  taking  part 
wiih  us. 

It  is  necer«ry  hovvevt-r  to  exrmine  wl^ethcr  the  French  houfes  of  Cliarlefton 
might  antt  the  vellels  wliich  belonged  to  them.  I  Aibinitted  lliis  (lueltion  to  the 
Governor  of  Soulh-Carohna,  betore  the  delivery  ot  the  letters  cinin.rqiie  to 
our  privateers.  I  rtminded  him  that  liberiy  cor.iiited  in  doii'g  wliat.the  laws 
did  not  pioliibit,  that  I  lielieved  no  law  ex'lied  wiiich  could  dejuive  tl;e  French 
citizens  m  the  ports  of  the  Unitetl  States,  of  the  privilege  of  putting  th.eir  vcfTcU 
in  a  Itate  of  dtrence,  of  taking  in  time  cf  war  new  commifuciPs,  ami  of  lerving 
their  countiy  by  cauiing  them  to  cruize  out  of  the  United  States,  on  the  velTeis 
of  their  enemy. — Nor  mdcei  weve  there  any  v^i\ich  gave  to  the  government 
the  right  of  lubmittmg  the  particular  operations  of  merchants  to  a  itateinqui- 
fition,  and  that  it  ap})cr.red  to  me  that  it  could  neither  authorize  nor  hinder 
the  iaid  armaments.  His  opinion  appeared  to  correfpond  with  mine,  and  our 
yeffels  put  to  lea  iu  Ipight  ot  all  the  intrigues  which  the  partizans  of  England 
put  into  ticf  ion  to  opjioie  it. 

This  is  rlie  truth.  Sir,  this  is  the  condufl,  I  dare  to  call  it  rcfpeflable,  which 
I  have  followed,  and  I  i.now  too  well  the  tquitable  feiitiments  ot  the  federal  go- 
Ternmeut  not  to  deliver  mylelf  to  the  pleafing  hope  of  leeing  it  return  from  the 
iirft  imprt^flions  which  the  repoits  of  the  Minifter  of  England  appear  to  have 
inade  en  it. 

The  laft  point  which  remains  to  be  fpokcn  of,  Sir,  is  relative  to  the  capture 
•f  the  Engiifli  flilp  Grange,  by  the  Embul'cade  frigate. 

The  learned  conclnfions  of  the  Attorney-Genenl  of  the  United  States,  and 
the  deliberations  of  the  American  government,  have  been  on  this  Ivibjefl  the 
rule  of  my  csydui^l.  I  have  caufed  the  prize  to  be  given  up  j  and  although  of 
conllderable  value,  my  brave  brethren,  the  ieamen  of  the  Embufcade  have  leadiiy 
concurred  in  a  meafure,  whic'i  I  repreiented  to  them,  as  a  pj'cper  mean  to  con- 
vince the  American  government,  of  our  deference  and  of  our  friendship. 

The  Freqch  republicans,  Sir,  know  the  duties  wliich  nations  owe  to  one 
another:  enlighte.ied  on  the  riglus  of  man,  they  have  juft  ideas  of  the  general 
laws  of  fcciety  comprifed  under  the  common  denomination  of  thetaniu  of  nations ^ 
{droit  cLsgeiis)  informed  with  refpect  to  the  interelts  of  their  country,  they  know 
how  todiiUnguifli  its  enemies  and  its  friends,  and  you  may  allure  the  American 
government,  that  coileftively  and  individually,  they  will  feize  every  occauon  of 
Ihewingto  the  Ibvereign  people  of  the  Uniteil  States,  their  refpeft  for  their  laws, 
and  their  lincere  delire  to  maintain  with  thein  the  molt  perftrt  hariiiony. 

GENE  T. 


<nv. 


l!»» 


PiiiLADEiPHlA,  5th  June,   1 793. 
Mr.  y^^'-'rfon,  Secniary  cf  State^  to  ilfr.  Genet,  Min;Jhr  PleiupoteiUiary  of  Francs, 
— <"    Sir, 

IN  my  letter  of  May  ijth.'to  M.  de  Ternant,  yout  predecefibr,  after  ftating  the 
anfwers  which  had  been  given  to  the  I'cveral  memorials  of  the  Britirti  miniller, 
\jt  May  8th,  it  was  obfervedthat  apart  remained  ftill  unanfwercd,  of  that  which 
reifpe<5kd  the  fitting  out  armed  velfels  in  Charleflon,  to  cruife  againft  nations  with 
whom  we  were  at  peace.  ' 

Irt  a  conveifation  which  I  had  afterwards  the  honor  of  holding  with  you,  I  ob- 
fcrved  that  one  of  thofv;  armed  velTeh,  the  Citoyen  Genet,  had  come  into  this  porj 
with  a  prize,  that  the  Prtuuent  had  thereupon,  taken  the  cafe  into  Tuith.'r  confi'- 


1    a3    J 


p;irt 


% 


i 


i 


«kratIon;  and  after  irature  c  jnfaltadon  and  deliberation,  v/s.%  of  opinion,  that 
the  armin{»  and  equipping  veHUs  in  tli.j  ports  of  the  Unit  .1  States,  to  cruill'  agulnfl 
n.itious  with  who.n  they  are  at  peace,  was  incompatihle  wjtii  the  territorial  fovc- 
rcignty  of  the  Unite!  States ;  that  it  made  them  inllrimcntal  to  the  annoyance 
€)f  thofe  nations,  and  tlierchy  tended  to  compromit  their  peace,  and  tliat  he 
thought  it  nccelTary  as  an  evidence  of  good  faith  to  them,  as  well  as  a  proper  re- 
paration to  thcfovfrcignty  of  the  country,  thut  the  armed  vcfTels  of  this  defcrip- 
tion,  fliould  depart  from  the  ports  of  tin;  United  States. 

The  Icti.T  of  the  37th  inllant,  with  which  you  have  Honored  me,  has  hcen  laid 
before  tiK"  Pivlident,  and  that  part  of  it,  which  contains  your  obfervations  on  thi* 
fiibjcdl  has  been  particularly  attended  to.  l"he  rclpcdt  due  to  whatever  come* 
from  you,  friendfhip  for  the  French  nation,  and  jufticc  to  all,  have  induced  him 
to  re-e::ani!nc  the  fubjeift,  and  particularly  tp  give  to  your  repiefLntations  thereon, 
the  confideratlon  they  dcfervcdly  claim. y'Altcr  fully  weighing  again,  however, 
all  the  principles  and  circumdaucs  of  tifie  cafe,  the  rcfult  appears  llill  to  be,  tiiat 
it  is  the  ri^/jt  of  every  nation  to  piiuiL"*  adls  of  fovcreignty  from  being  exercifed 
by  any  other  wlchin  its  limits ;  and  the  ^iuty  of  a  neutral  nation  to  prohibit  fuch  as 
would  injure  one  of  the  warring  powers;  that  the  granting  military  commilfloiii, 
v/ithin  the  United  States  by  any  other  authority  than  their  own,  is  an  infringement 
on  their  foveicignty,  and  particularly  fo,  wh»in  granted  to  their  own  citizens,  to 
lead  them  to  commit  adls  contrary  to  the  duties  they  owe  their  own  country : 
that  the  departure  of  vcflels,  thus  illegally  equipped,  from  the  ports  of  the  United 
States,  will  be  but  an  acknowledgment  of  rcfpetil,  analogous  to  the  breach  of  ^t, 
wliile  it  is  ncccflary  on  their  part,  a:,  an  evidence  of  their  faiihful  neutrality.  .-"On 
tliefe  confiderations,  fir,  the  Prcfident  thinks  that  the  United  States  owe*'  it  to 
themfelvcs,  and  to  the  nations  in  their  friendlhip,  to  expcd  this  a6l  of  reparation 
on  tlic  part  of  vcli'els,  marked  in  their  very  equipment  witii  offence  to  tlic  laws  of 
the   land,  of  which  the  law  of  nations  makes  an  integral  part. 

The  exprclTions  of  very  friendly  fentimcnt,  which  we  have  already  had  the 
fatihfadion  of  receiving  from  you,  leave  no  room  to  doubt  that  the  conclufion  of 
the  Prefulent,  being  thus  made  known  to  you,  thefe  veflels  will  be  permitted  t» 
give  no  further  umbrage,  by  their  prefence  in  the  ports  of  the  United  States. 

i  have  the  honor  to  be, 

With  fcntimcnts  of  perfed  elleera  and  refpedl, 
Sir, 
Your  moft  obedient,  and 
moft  humble  fervant, 

Tn:  JEFFERSON. 

TRANSLATION. 

PHiiAUELPniA,  8  yune,  I793. 
2d  year  of  the  French  Republic. 
Tit  Mi'niJIcr  of  the  Republic  of  France,  to  tbt  Secretary  of  State  tf  the  United  Statti. 
Sir,  » 

I  HAVE  feen  with  pain,  by  your  letter  of  the  5th  of  this  month,  that  the  Pre* 
fident  of  the  United  States  perfifts  in  thinking  that  a  nation  at  w-ar  had  not  the 
right  of  giving  commiflions  of  war,  to  thofe  of  its  veflels  which  maybe  in  the  portf 
•f  a  neutral  nation;  this  being,  in  his  opinion,  an  aft  of  fovereignty. 

I  confefs  to  you.  Sir,  that  this  opinion  appears  to  me  contrary  to  the  principle* 
•f  natural  right ;  to  the  ufages  of  nations ;  to  the  connexions  which  unite  us ;  and  - 
ev6n  to  the  Prefident's  proclanxition. 

The  right  of  arming.  Sir,  for  the  purpofe  of  Its  defence,  and  repelling  imjuft  ag-  " 
greflions,  in  my  opinion,  may  be  exercifed  by  a  nation  at  war,  in  a  neutral  ftate  ; 
unlefs  by  treaty,  or  particular  laws  of  this  ftate,  that  right  be  confined  to  a  iingle 
nation,  friend  or  ally,  and  exprefsly  interdlded  to  others.  This  is  exaiftly  the  cafe 
in  which  we  are.  The  United  States,  friends  of  the  French,  their  allies  and  gua- 
rantees of  their  pofTelTions  in  America,  have  permitted  theui  to  enter  iutneii,  vbA 


V 


w 


Ji^maln  in  theit  poVts,  to  oring  there  their  prizes,  to  rqiair  in  tSem,  to  equip  19 
them,  whilft  they  have  cxpreftly  refufed  this  privilege  to  their  <;nemies.  The  in- 
tention of  the  United  >St:>.tes  has  been  to  facilitate  to  i<s  the  means  of  protecting,  ef- 
Dcacioufly,  our  commerce,  and  of  defending  our  poficlfions  in  iVmcrica,  fo  ufeful 
to  our  mutual  profperity ;  and  as  ]vng  as  the  Hates,  aircmbled  in  Congrefs,  (hall  n<,C 
liavc  determined  that  thisfulemn  cugagement  (hould  not  be  performed,  no  one  h^s 
a  right  to  Aiackle  our  operations,  and  to  annul  their  effed;,  by  hindering  thofe  of 
our  marines,  who  may.  be  in  the  American  ports,  to  tiike  advantage  of  the  com- 
miflions  which  the  French  govcrmnent  has  charged  me  to  give  them,  authorifing 
them  to  defend  themfelves,  and  fulfil,  if  they  find  an  opportunity,  all  the  duties  of 
citizens  againft  the  enemies  of  the  ftate.  Bcildes,  Sir,  at  all  times,  like  commif- 
fions,  during  a  war,  have  been  delivered  to  our  veffcls.  '1  he  officers  of  the  marine 
tranfpiit  them  to  them,  in  France,  aiid  the  confils,  m  foreign  countries ;  ant*  it  is 
in  virtue  of  this  ufage,  which  no  power  has  ever  thought  of  regarding  as  an  adk  of 
fovereignty,  that  the  executive  council  has  lent  here  fuch  commiflions. 

However,  Sir,  always  animated  with  the  defire  of  maintaining  the  good  harmo- 
ny which  fo  happily  fubfifts  between  our  two  cpuntries,  I  have  iiiftrudtcd  the  con- 
fi'.ls  not  to  grant  letters,  but  to  the  captains,  who  fliall  obligate  themfelves,  under 
oath  and  fecurity,  to  refpecSl  the  territory  of  the  United  States,  and  the  political 
opinions  of  their  Prefident,  until  the  representatives  of  the  fovereign  fliall  have  con- 
firmed or  rejeiftcd  them.  This  ;s  all  that  the  American  government  can  exjieil; 
from  our  deference  ;  every  thinj;  that  pafles  out  of  the  waters  of  the  United  States, 
JJot  coming  within  their  cognizance. 

It  refults  from  this  note,  Sir,  that  the  commlflions  tranfmitted  in  virtue  of  the 
orders  of  the  executive  council  of  the  Republic  of  France,  to  the  French  veflels  ia 
the  ports  of  the  United  States,  are  merely  an  authority  to  arm  themfelves,  founded 
'upon the  natural  right  and  conftant  ufage  of  France;  that  thefe  commilVions  have 
been  expedited  at  all  times,  in  the  like  circumflances ;  that  their  diftribution  cannot 
be  confidered  but  as  an  atStof  confular  adminiilration,  and  not  offovereigniy;  an<l 
that  every  obftrudion  by  the  government  of  the  United  States,  to  the  arming  of 
French  vtfiels,  mufl  be  an  attempt  on  the  rights  of  man,  upon  wlach  repofe  the 
independence  and  laws  of  the  United  States ;  a  violation  of  the  ties  which  unite  the 
people  of  France  and  of  America;  and  even  a  manifeft  contradidtion  of  the  fyfteni 
of  neutrality  of  the  Prefident:  For,  infant,  if  our  nurclvint  veffels,  or  others,  arc 
not  allowed  to  arm  themfelves,  when  the  French  alone  arc  refiftiiig  the  league  of 
kll  the  tyrants  againft  the  liberty  of  the  people,  they  will  be  expofed  to  inevitable 
tuin  in  going  out  of  the  ports  of  the  United  States,  which  is  certainly  not  the  in- 
tention of  the  people  of  America.  Their  fraternal  voice  has  refoundcd  from  every 
quarter  around  me,  and  their  acccn;,sare  not  equivocal — ^they  arc  pure  as  the  heart» 
of  thofe  by  whom  they  are  exprefled,  and  the  mere  they  have  touched  my  fenfibiliy, 
the  more  they  muft  mtcreft  in  the  happinefs  of  America,  the  nation  I  reprefent ; — 
the  morel  wifli.  Sir,  that  the  federal  {government  Ihould  obfe.-ve,  as  far  as  in  their 
power,  the  public  engagements  contradcd  by  both  nations ;  and  that  by  this  gene- 
rous and  prudent  contli"^,  they  will  give  at  leaft  to  the  world,  the  example  of  p 
true  neutrality,  which  does  not  confift  in  the  cowardly  abandonment  of  their  friends 
in  the  moment  when  danger  menaces  them,  but  in  adhering  ftricftly,  if  they  can  da 
no  better,  to  the  obligations  they  have  contracted  with  them.  It  is  by  fuch  pro- 
tecdings,  that  they  will  render  themfelves  refpedable  to  all  powers;  that  they  will 
jpr^fexTt  Uleir  friends^  and  defervc  t*  augmcht  their  number. 


6    E    N    £    T. 


■  '  -V  •(•.•i/f)      II'!  '*' 

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Irtue  of  the 
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vcs,  founded 
niilions  have 
ition  cannot 
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the  fyftem 
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this  gene- 
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it  they  wilt 

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TRANSLATION. 

PuiLADELPIliA,    ift  ytW,  I75fj/      "* 

'  •     '  •     sd  year  of  thr  Republic  of  France. 

^Le  Ci^zen    OeMtt,  Mlnijler  plenilicUuthry  of  the  Repnhlic  of  France,  tvith  th:  United' 
States,  to  Mr.  yejerfonfcretary  ofjlateof  the  United  States.  '   ' 

Sir, 

I  HAVE  this  moment  been  informed,  that  two  officers  in  the  fjrvice  df  the  Re-" 
public  of  France,  Cirizcn  Cidcon  Hcnfield  and  John  Sinj>lctarv,  have  becii 
arr sited  on  board  the  privateer  of  the  French  Republic,  the  Citizen  Gcnot,  and 
conduticd  to  prifon.  'J"hc  crime  laid  to  their  charge  ;  the  crime  which  my  mind 
cannot  conceive,  and  v/hich  my  pen  slmoft  refufps  to  ftute,  is  the  ferving  of 
France,  and  defending  v/Ith  her  children  the  common  and  glorious  caufe  of  liberty. 
Being  ignorant  of  any  pofitive  law,  or  treaty,  which  deprives  Americans  of 
this  privilege,  and  authorifer.  officers  of  police  arbitrarily  to  take  mariners,  in  the 
fervice  of  France,  from  on  board  their  vcfTels,  I  call  'upon  your  intervention,  fir, 
nnd  that  of  the  Prefident  of  the  United  Stat-!s,  in  order  to  ob'.uin  the  immediiitc 
rcleafement  of  the  above  mentioned  officers,  who  have  acquired  by  the  fontlments 
animating  them,  and  by  the  adt  of  their'  engagement,  anterior  to  every  adt  to 
the  contrary,  the  right  of  French  citizens,  if  they  have  loft  ti.at  of  iVmericati 
citizens.  I  renew  at  the  fame  time,  ur,  the  requifition  which  I  made  in  favour 
•f  another  French  oificer  detained  for  the  fame  caufe,  and  for  the  fame  objcdl. 

GENE  T. 


PaiLADELPUiA,  June  ift,  1793. 

JMr,  yfjferfon.   Secretary  of  fiatef  to   Mr.  Oencty   Miiiifier  plenipotentiary  of  France*' 
S  I  K, 

I  HAVE  to  acknowledge  the  receipt  of  your  note  of  the  37th  of  May,  on   the 
fubjedl:  of  Gideon  Hcnfield,  a  citizen  of  the  United  States,  engaged  on  board  an 
armed  vcflel  in  the  fervice  of  France.     It  has  been  laid  before  the  Prefident,  and 
referred  to  the  i^.ttorney-General  of  the   United  States,  for  his  opinion  on  the 
matter  of  law,  and  I  have  now  the  honor  of  enclofing  you  a  copy  of  that  opinion. 
Mr.  Henfleld  appears  to  be  in  the  cuilody  of  the  civil  magiftrate,  orer  whofe 
,  proceedings  the  executive  has  no  controul.     The  aA  with  which  he  is  charged, 
y  will  be  examined  by  a  jury  of  his  countrymen^  in  the  prefcnce  of  judges  of  learn- 
fi  ing  and  integrity ;  and  if  It  is  not  contrary  to  the  laws  of  the  land,  no  doubt  need 
ti|  be  entertained  that  his  cafe  will  iffue  accordingly.     The  forms  of  tlie  law  involve 
1  certain  neceffary  delays,  of  which  however,  he  will  affurcdly  experience  none  but 
m,  what  are  neceffary. 

f|    ,,,,••  I  •  '     ;.-    ■  I  have  the  honor  to  be,  '^f" 

^       \Y.\iA'    '•    '  With  fentimcnts  of  perfe«5l  efteem  and  refpedt,       • 

■^  .a.l        .    .  •      ■    ,      -    -  Sir,  ■      •' 

'.<;  .      '        •        '  Your  mod:  obedient,  and      •  '    •  !  >i''i  "» 

i       -       ,.,      -  ..       ..>   ..  nioft  humble  fervant.  .it    r  vol 

!.>'..l,.-.       ■.    •(,..,!  Tn:  JEFFERSON.     ' 

',        P.  S.  After  rvrhtngihe  aoevtt  T  tvas  honored  •wUhyeur  note  on  the  fuljeSi  of  Sln<?UV 

\  Kiry,  BH  tvbicb  it  is  in  my  power  to  fay  nothing  more  than  in  that  of  Henfeld.  '. 


TZ?  Attorney  General  ef  the  United  States  has  the  himour  of  fuhmiiting  to  the  Secretary  rip 
fate,  the  folloiving  opinion  on  the  cafe  of  Gidian  Henfeldy  at  rcpreftnted  by  the^Mlnifer 
of  Frante, 

ift.TTmay  wellbe  doubted  how  far  the  Minifterof  France  has  a  right  to  inter- 
X  fere.  Hcnfield  is  a  citizen  of  the  United  States ;  and  it  is  unufual  at  leaft, 
>that  a  foreign  power  fhould  interfere  in  a  q'.ieftion  whether  as  a  citizen,  a  man  La* 
I  been  guilty  of  a  crime'  Nor  can  rai  authority  be  derived  from  Hcnfield  being 
I  under  the  protedlion  of  a  French  Republic ;  bccaufc  being  ftill  a  citizen,  he  is 
¥  amenable  to  the  laws,  which  operate  on  citizcH*,  and  the  very  ad,  by  l^bi«il  |i« 

■      .  1) 


■  lisf 


f    a6    I 

fefaid  to  have  been  taken  under  fucli  protetSlion,  Is  a  violation  of  the  fovereigtttf 
of  the  UnitcJ  States,  If  he  be  innocent  he  will  be  fafe  in  the  hands  of  his  coun- 
trymen :  if  guilty  the  rcfpctS  due  by  one  nation  to  the  decrees  of  another,  de- 
mands tliiit  they  be  acquiefced  in. 

id.  But  Henfield  is  puniilyible,  becaufe  treaties  are  thefupreme  law  of  the  land  ; 
and  by  treaties  with  three  of  the  powers  at  war  with  France,  it  is  ftipulated,  that 
there  Ihallbc  a  peace  between  their  fubjcols  and  tlie  citizens  of  the  United  States. 

3d.  He  is  inditStable  at  the  common  law,  becaufe  his  condud  comes  within  the 
defcription  of  diilurbing  the  peace  of  the  United  States. 

Edm:  RANDOLPH. 

Jlfajf  30,    I79J.  ,•   <:•     ^i     i  .      ■    ,  .-  ....      ..    ,,  ... 


.      ■  I;;;.    .         TRANSLATION.  j 

'.  ••  ^        . y  Philadelphia,  14th  ^'w"',  I793.. 

ad  year  of  the  Republic. 
•  ne  Cillzcn  Ccnetf  Mintjler  •/  the  Republic  of  France^  to  Mr.  fejferfon^  fecretary  of 
.    ,        ,...   ,,,   Jlateoftbe  United  States. 
Sir,        *      ■  •  - 

YOU  will  fee  by  the  papers  hereto  annexed,  that  in  contempt  of  the  treatie» 
which  unite  the  French  and  Americans ;  that  In  contempt  of  the  law  of  na- 
tions, civil  and  judiciary  ofiicers-of  the  United  States,  have  permitted  themfelves 
to  ftop  at  Philadelphia  the  falc  of  veflels  taken  by  an  armed  French  Galiot,  and  at 
JNew-York,  have  oppofed  the  failing  of  a  French  vcffel  commiffioned  by  the  ex- 
ecutive council  of  the  Republic  of  France.  I  requeft  you,  fir,  to  inform  the 
Prefident  of  the  United  States,  of  thefe  fads,  to  let  him  know  that  they  have 
lifed  his  name  in  committing  thofc  infni':i>'ons  of  the  laws  and  treaties  of  the 
United  States ;  and  engage  hira  to  develope  in  the  prefent  circumftances,  all  the 
authority  which  the  people  of  the  United  States  have  confided  to  him,  to  inforce 
the  execution  of  the  laws  and  treaties. 

Not  doubting,  fir,  the  purity  of  the  Prelident's  fentimcnts,  I  hope  to  obtain 
immediately  from  the  aid  of  his  good  offices  and  energy,  reftitution,  with  dama- 
ges and  intoreft,  of  the  French  prizes  arretted  and  feized  at  Philadelphia,  by  an 
incompetent  judge,  under  an  order  which  I  ought  to  believe  not  genuine ;  and 
the  like  reflitutlon,  witii  damages  and  intereft,  of  the  veiTels  {topped  and  feized 
at  New- York. 

It  is  through  thr  intervention  of  the  pubKc  minifters,  that  affairs,  of  the  nature 
which  produce  my  prefent  complaints  and  reclamations,  ought  to  be  treated.  A» 
the  reprei'entative  of  a  people,  generous  a!:d  confident  in  their  friends,  I  have 
already  given  proofs  of  the  ientiments  with  Avhlch  they  are  animated.  In  caufing 
to  be  reftored,  without  examination,  on  the  requifition  of  the  federal  govern- 
ment, the  Englifli  fhip  Grange,  taken  by  a  veflcl  of  the  Republic.  1  fliall  ina!l 
jny  condudt  fhew  an  equal  deference  :  but  at  the  fame  time,  fir,  I  fliould  cxpedl 
from  your  governmeat  all  the  fupport  which  I  at  prefent  ftand  in  need  of,  to  de- 
fend in  the  bofom  of  the  United  States,  the  intcrefts,  the  rights  and  the  dignity  of 
-die  French  nation,  which  perfons  on  whom  time  will  do  ue  juftlce,  are  laboring 
fccretly  to  mifrcprefent. 

GENET. 


T  R  A  N  S  L  AY  I  O  N.  f  .  ,  ,  .. 

THIS  day,  the  7  June,  1793,  In  the  ad  year  of  the  Republic  of  Fi-aiice,  before 
us  Francis  Dupont,  conful  of  the  faid  Republic,  ^t  Philadelphia,  appeared  the 
citizen  Pierre  Barrierc,  agent  ad  hoc  of  the  ikip  WiUlam,  and  of  the  brigantine 
AtSivc,  taken  by  the  galiot  the  Citizen  Genet,  captain  Johanen,  who  has  declarei, 
that  this  day,  at  i  r  o'clock,  A.  M.  being  occupied  in  the  faleof  the  cargo  of  the 
/hip  IVilliam,  a  deputy  marraal  of  the  court  of  admiralty  of  the  United  States,  for 
the  dlftrid  of  Pcnnfylvania,  prefented  Jiimfelf  to  him,  where  he  was  making  the 
fu4(itlc»  ojl  IVttrJfr'i  wjiwfi  j-relcndinj;  that  tjie  faidfliip  IVilliam^  and  her  cargo, 


!•   *7   J     . 

wcrefeizcdby  the  faid  court  of  admlra'-ty,  wiihlng,  in  ccnfsquence,  to  ftop  the  falf, 
•which  was  nevcrthelefs  continued,  the  appearcr  havinj-j  conceived  that  the  admir::lty 
could  not,  in  any  manner  whatever,  meddle  in  this  Ijufineis,  agreeably  to  the  rytli 
article  of  the  treaty  of  commerce  between  Trance  and  the  United  States.  Notwttii- 
ftanding,  to  the  great  prejudice  of  the  intcrcfted  in  thefales,  the  iaid  deputy  maiihal 
of  the  admiralty  difcouraged  the  bidd^'rs,  and  even  fufpended  their  bidding,  leading 
them  to  believe  that  the  falc  of  the  faid  veflels  was  not  valid ;  whence  it  refulted 
that  they  fold  below  their  value.  However,  the  fale  of  the  cargo  being  made,  th: 
faid  agent  proceeded  to  that  of  the  brigantine;  but  as  foonas  he  commenced,  the 
faid  deputy  marfhal  again  fqrbid  the  continuance,  which  lead  feveral  pcrfons  prefent 
into  an  error,  fuppofing  that  the  feizure  extended  to  the  brig  AHl-ve,  as  well  as  the 
Jhip  WiUiam ;  whence  it  refulted,  that  the  faid  brigantine  did  not  fell  for  more 
than  a  third  of  her  real  value,  having  been  eftimated  worth  £,  too.  The  appc3.rcr, 
having  afterwards  proceeded  to  the  fale  of  tlie  fliip  IVilHam,  tlie  laid  deputy  niar- 
Ihal  again,  in  the  name  of  the  afoiefaid  court  cf  admiralty,  forbid  it ;  whence  has  alfo 
refulted  a  confideraWe  lofs  to  the  intereftedin  the  faid  prize,  which  was  ftnick  out 
at  only  £.  500,  which  does  not  amount  to  one  fourth  of  her  value. — In  conlVquenci 
of  which,  the  faid  appearer  protefls  for  all  damages  and  intercfrs  accrued,  ajid  to 
accrue,  againft  the  faid  court  of  admiralty-^— thofe  who  have  fet  on  foot  this  profe- 
cution,  and  generally  agaiuft  nil  thofe  whom  it  may  concern,  being  therein  fully 
jullifiedby  the  tenor  of  the  treaties : — Of  all  which  the  faid  appearer  has  requelled 
of  us  an  adl,  and  hasfigned  with  us,  the  day  and  year  above  written. 

Frois.    D  U  P  O  N  T. 
Pierre  Barriere.  , 

Compared  by  us.  Chancellor  of  the  Confulate  of  the  Republic  of  France,  with 
the  original  depofited  in  the  Chancery,  the  8  June,  1793,  zd  year  of  the  French 
Republic.  "    J.    Bre.    L  E  M  A  I  R  E. 

We,  Couful  of  the  Republic  of  France,  at  Philadelphia,  certify  and  atteft,  to 
whom  it  may  concern,  that  citizen  J.  Bre.  Lemaire,  who  has  figned  the  above  cx- 
traft,  is  our  Chancellor,  to  whofe  lijnature  faith  Ihould  be  given,  as  well  in  as  out 
ef  judgment. 

In  teftimony  whereof,  we  have  figned  the  prefent,  and  have  caufed  to  be 
.««)_       affixed  thereto  the  feal,  of  the  Confulate,  at  Philadelphia,  the   8  June, 
1793,  ad  year  of  the  Republic  of  France. 

Frois.    D  U  P  O  N  T. 


Si  r. 


New-York,  9th  June,  1793. 
ad  year  of  the  French  Republic. 


I  HAVE  juft  been  informed,  that  laft  night  a  French  veffel,  armed  for  v.-ar,  and 
ready  to  hoift  fui],  has  been  arretted  by  authority,  and  tliat  even  the  captain 
has  net  be ni  permitted  to  go  on  board.  Ihis  ftrange  ufc  of  public  force,  agaiiiH: 
the  citi:.;ens  of  a  friendly  nation,  who  aflemble  here  to  go  and  defend  their  bre- 
thren, is  a  fignal  violation  of  the  laws  of  neutrality,  which  I  cannot  impute  but 
to  a  mifconceptlon,  which  your  attention,  and  your  equity,  will  not  full  to  rcdify, 
as  foon  as  you  fhall  be  informed  of  it, 

1  require,  fir,  the  authority  with  v/hich  you  are  clothed,  to  caufo  to  be  render- 
ed to  Frenchmen,  and  allies  ;  and  I  muft  add  to  freemen,  of  whatever  nntlon 
they  may  be,  the  liberty  of  flying  to  the  fucconr  of  their  country,  it  is  nor  in 
a  country  where  Frenclmi en  have  fpilt  their  blood,  in  the  caufe  cf  humanity,  thiM; 
tliey  ought  to  find  in  the  laws  obftaclcs,  to  their  following  yit  again  the  mull 
pleafing  of  tiicir  propenfitias  and  to  fulfil  the  moll  Hicred  of  tlioir  duties. 

11 A  u  r  v:  R I  V  E, 

'■■"■'""■       '    ■  '   ■  ConfuUf  thi  FrtttKh  Rc^iuLlut  N„-W'l'«,i. 

Totbe  Cs'jsrnor  of  Ihefateof  Kc-^Yori,  '        •    .     ■  ■» 

.     ,  \  •■      «    •         •  .. .  ■   ,   <i 


h 


\i 


m 

I!;  I 


I, 

n  1 


[    «8    1 


New-York. 

*TT7E  Alexander  Hautcrire,  coriful  of  the  Republic  of  Frailer,  to  the  United 
VV  States,  at  Kfw-Yoik,  certify  that  in  conltqiience  of  a  re<jnifition  made  by 
us  to  the  mayor  of  New- York,  and  to  the  Governor  of  the  ilate  of  thr;  fume 
name,  dated  >,>fh  June  current,  to  obtain  a  replevy  of  the  detention  made  by  au- 
thority in  this  port,  of  a  FreneJi  veiTel  called  the  Republican,  bcloncjing  to  Loui* 
Ale.'.is  Koohquct  Caritat,  and  comrt>anded  by  the  Citizen  Orfet.  'I'he  Governor 
of  the  faid  fti'.te  replied  to  us  by  a  letter  under  bio  fijjnature,  that  it  was  in  con- 
formity to  the  iniiinvSion  of  the  PreCdent  of  the  United  States,  that  he  had  or- 
c^ered  a  detnclinient  cf  militia  of  this  Ibite  to  detain  the  faid  veflel,  until  the 
Prefident  cf  tlic  United  States  Oioukl  be  informed  of  the  circumftahces  of  the  fads, 
upon  which  v>-e  have  delivered  to  him,  an  act  certified  and  Cgned  by  U6.  . 
Done  at  Ntw-Yorlc,  the  loth  June  l/i^j.  " ' 

2dyciircf  the  Republic  of  rrai:,:e.'  H  A  U  T  E  R  I  V  E, 

•'        .  -  '  .      -■       ,.. .  Coiiful  cf 'I:- Ri-l^ublic  of  France  at  Nd-cv-Tofi. 

PuiLADEJPUlA,   "June  IJiu,   I793. 
^r.  y^f^rfoft,  Secretary  cf  State,  to  Air.  Genet,  Minifer  Pleni^uteutiary  cf  France, 

Sir, 
X  SHALL  now  have  the  honor  of  anfwcring  your  letter  of  the  8th  inllant,  and 
JL  fo  much  of  that  of  the  T^th.  (both  of  which  have  been  laid  before  the  Prefident) 
as  relates  to  a  ytncl  armed  in  the  port  of  New- York,  and  about  to  depart  from 
thence,  but  flopped  byorder  cf  the  government;  and  here  I  beg  leave  to  premife, 
that  tlic  cafe  fuppoled  in  your  letter,  of  a  vefiel  arminn;  merely  for  her  own  defence, 
r.nd  (o  repel  ulijuii  aggreflions,  is  not  that  in  quellion,  nor  that  on  which  I  mean 
to  anfwer ;  bccaufc,  not  having  yet  happened,  a$  far  as  is  known  to  the  j;ovcrii- 
nicnt,  I  have  no  inftrudions  o»"  the  fubjti51:.  jlhc  cafe  in  queflion,  is  tliat  of  a 
vciiel  armed,  equipped  and  manned,  in  a  port  of  the  United  (States,  for  the  pur- 
pofe  *f  commitci!!^  iioflilities  on  nations  at  peace  with  the  United  States. 

As  foon  as  if  was  perceived,  that  fuch  enterprizcs  would  be  attempted,  orders  to 
prevent  them,  were  dif[iatrhcd  to  all  the  ftates  and  ports  of  the  union  /in  confe- 
quencc  of  thsfe,  the  gtwernor  oi  New-York,  receiving  information  tnat  a  floop, 
heretofore  called  the  Polly,  now  the  Re]^ub!ican,  was  fitting  out,  arming  and 
manning,  in  the  port  of  Nevv-Yoik,  for  the  cxprefs  and  fole  purpol'e  of  cruifin^ 
iigair, It  certain  nations  with  whom  we  are  at  peace,  thatlheh-'d  taken  her  ginisaud 
n.n^munitim  aluiard,  a.nd  was  on  the  point  of  departure,  feized  the  veffcl.  That 
the  governor  v.asnot  mifl:akenin  the  previous  indications  of  her  o!)je(3:,  appears  by 
the  fiibfL-iuicnt  avowal  of  the  citizen  Hauterivc,  conl'ul  of  France  at  that  port,  who, 
in  a  letter  to  the  governor,  reclaims  her,  as*  "  Un  vaineau  atmc  en  guerre  et  pret 
a  mettre  a  In  voillc,"  and  defcribcs  her  objcd  in  thsfe  expreflions.f  "  Cet  ufage 
ttrangede  la  force  pub1ique,conLrelcs  citoycn.'S  d'uue  nation  amie  qui  fc  rcuuiUlnt- 
\^\  puur  lilUr  ilfndrc  Icurs  frera^''  and  again,  :|  "  Jc  requiern,  Alonfieur,  rautoritc 
dent  vcus  ctcs  revetu,  pour  falre  rtndrc  a  dcs  Francois,  .\  di.s  allies,  &c.  )a  libcrtc 
«/.■  •vhl.r  uu  fc.  i.rs  (Is  Icur  ^•i'!rif."  'Ibis  tranfadlion  being  reported  to  the  Prefident, 
orders  were  immediately  lent  to  di  liver  over  the  veffel,  and  the  perfons  concerned 
i;i  the  (.Vircrpiire,  tu  the  tribunals  of  the  cou.itry  ;  that  if  the  -dtl  wap  of  thofe  for- 
bidden by  the  bu^.  It  might  be  punilhed,  if  it  wasnot  furbidden,  it  might  be  fo  de- 
elaiid,  and  all  penVns  aj  jirized  of  what  they  might  or  mi^dit  not  do. 

Tiiis  we  hav,.  leafon  to  believe  is  the  true  (late  of  the  calc,  and  it  is  a  repetition  of 
that  vviiii.il  wa-j  the  l'ul.>i.t  of  my  letter  of  tb.e  jth  inllant,  wbieli  animadverted  not 

'I'llA.N  ELATION  (/   l-ASSAGKS  hi  l.Kl   TER  fi>  Mil.   G'-IKET.    I  ;/A   Jhlic   l'()2,. 


\!t:oii  tcbo  an 


■    *  "  A  v,J?'i/  anned  fir  tv.ir,  ,:i:.i  /v,;.A,'  to^i.t  tofj."' 

\  "  TLisjlrar^e   i./e  if  itubllc  f.rte  ^'■^-•'•f  tl  ■  citizens  (f  a  frlcuUy   /.i.', 
uiiJU.i  ur:,  in  orJer  to  go  in  defence  of  their  brothers/' 

^^^  I  req::'ire,  J.I,  tic  uuthjrily    i:-ith    tvlich   i,r.ii   are  i-pcil,   to  ecife  toinreinfertJtt 
frcnchv.en,  tsuUics,  li'i.  tileliUny  cf  flj'irg  to  th;' fucco'.ir  cf  their  country." 


[    29    3 

merely  on  the  Tingle  facJlof  the  grantitif!^  commiiTlons  of  wap^  by  one  nation,  withli 
the  territory  of  anothti  ;  hut  onthe  aggregate  o;  the  fads  ;./or  it  Hates  the  opinion  of 
the  Prefident  to  he,that"  The  arming  and  cquippiiig  v^ITcIs  in  the  ports  of  the  United 
States,  to  cruife  againft  nations  with  whom  they  are  at  peace,  was  incompatillc  with 
the-fovercignty  of  the  United  State3;that  itmad'jtheminftrumentaltothc  annoyance 
of  thofe  nation3,and  thereby  tended  to  commit  their  peace." — And  this  opinion  isftill 
conceived  to  be  not  contrary  to  the  principles  of  natural  law  ,  the  ufage  of  nations ; 
th-j  engagements  which  unite  the  two  people  ;  nor  the  proclamation  of  the  Preiident, 
as  you  feem  to  think. 

Surely  not  a  fyllable  can  be  found  in  the  lafl  mentioned  inftrumcnt.  permitting  the 
preparation  of  hoflih'ties  in  the  ports  of  the  United  States.  Its  objedl  was  to  enjoin  on 
our  citizens  "  a  friendly  conducl  towards  all  the  belligerent  powers ;"  but  a  prepara- 
tion of  hoftilities,  is  the  reverfe  of  this. 

None  of  the  engagements  m  our  rreaties,  ftlpulate  this  pcrmiilion.  The  XVII 
article  of  that  of  commerce,  permits  the  armed  vcilels  of  either  party  to  enter  the 
ports  of  the  other,  and  to  depart  with  their  prizes  freely  :  but  the  entry  of  an  anacJ 
vcfTcl  into  a  pcit,  isoneadl;  the  equipping  a  veffel  in  that  port,  arming  her,  man- 
ning her,  is  a  different  one,  aiyl  not  engaged  by  any  article  of  the  treaty. 

you  think.  Sir,  that  this  opinion  is  alfo  contrary  to  the  law  of  nature,  and  ufao-c 
of  ni.tionj.  We  arc  of  opinion  it  is  dilated  by  that  law  and  ufage  ;  and  this  had  btien 
very  maturely  enquired  into  before  it  was  adopted  as  a  principle  of  condudl.  rfiut 
we  will  not  affume  the  exclufive  riglit  of  faying  what  that  law  and  ufage  is.  Ilet  us 
appeal  to  enlightened  and  dilinteretted  judges.  None  is  more  f**  than  Vattcl.  He  fays, 
1.  3,  f.  ro4,  §  "  Tant  qu'uu  pcuple  neutre  veut  jouir  furement  de  cet  etat  il  doit  nion- 
trer  en  toutes  chifes  une  exacle  imparlialitc  entre  ceux  qui  I'e  font  la  guerre.  Car  s'il 
favorife  I'un  au  prejudice  de  I'autre  il  ne  pourra  a  pas  fe  plaindre,  quand  cclui-ci  le 
traitera  comme  adherent  et  aflocie  de  fon  ennemi.  Sa  neutralite  feroit  une  neutndifc 
fra  duleufe,  dont  perlonne  ne  veut  etre  la  dupe. — Voyons  done  en  quoi  confiile  cette 
impaitialite  qu'ur  pt  uple  neutre  doit  garder. 

Elle  fe  rapporte  uniquement  a  la  guerre,  &  comprend  deux  chofes.  i,  Ne  point 
donner  de  feccours  quard  on  n'y  eft  pas  oblige  ;  ne  fournir  librcment  ni  troupes  ni 
amies,  ni  mmiitions,  ni  rien  de  fe  qui  fert  direcSemcnt  a  la  guerre.  Jcdhnc /;oi,'it 
donner  defecours  et  non  pas  en  donner  cgaUmevt ;  car  il  feroit  abfurde  qu'un  etat  fecourut 
<:n  meme  tems  deux  ennemis.  Et  puis  11  feroit  impolfible  de  le  faire  avec  egalitc,  Its 
m^mes  chofes  le  meme  nombre  de  troupes,  la  meme  quantite  d'armes  de  munitions, 
&c.  fournies  en  des  circonftanccs  dificrentes ;  ne  formcnt  plv.3  des  fccours  equivalens, 
&c."  If  the  neutral  power  may  not,  confiilent  with  its  neutrality,  furnilh  men  to 
either  party,  for  their  aid  in  war,  as  little  can  either  enrol  them  in  the  neutral  terri- 
tory, by  the  law  of  nations.  Wolf,  f.  1 1 74,  fays  ||  "  Puifque  le  droit  de  lever  des 
foldats  eft  un  droit  de  majc.'  •  qui  ne  peut  etre  vicle  par  une  nation  etrangere,  il  n'eft 
pas  permis  de  lever  des  foldats  fur  le  territoirc  d'autrui  fans  le  confcntemeut  du  mai- 

§  As  long  as  a  neuter  nation  nvijhcs  to  enjoy  this  Jiiuation  ivltb  certahity,  it  ought  to 
Jleiv  in  every  thing,  an  exaif  irrpartialliy,  L'ticeeii  Ihofe  who  are  at  lOar.  For  if  it  fd~ 
vor  the  one  to  the  prejudice  of  ihj  other,  it  cannot  complain  ivhcri  that  other  fh. ill  treat  it 
as  an  adherent  and  ajfocii'.te  of  its  enemy,  lis  neutralily  ivould  he  u  fraudulent  one,  cf 
Kvhich  none  tvould  be  the  dupe-  Let  us  fee  then  ivhcrein  conjifls  that  impartiality  ivhieh'a 
miutral  people  ought  la  ohfer've. 

It  regards  ivar  only,  and  comprehends  two  things.  )J}.  To  give  no  fuccotir  •when  not 
Miired  thereto  ;  not  to  furnifh  freely,  eliher  troops,  arms,  airmunitlon  or  any  thing  ivht'ch 
direSily  ferves  for  ivar.  J  Jay,  to  give  no  fuccour  and  not  to  give  it  equally  :  j'or  it 
ni'Dvld  he  ahfurd  in  a  flate  to  fuecour  tiua  enemies  at  the  fame  time.  And  be  fides  it  ivoiili 
be  impnjjihle  to  do  it  with  iqualUv,  the  fume  things,  the  J'ame  number  of  troops,  the  fame 
tfU.mt'.ty  of  arms, ammunition,  Xs^c.  furnijhed  in  dijferent  circumflances,  are  na  longer  equiva^ 
lent  fucioiirs." 

11  "  Sinec  a  rigid  of  rniftng  fo'diers  is  a  right  of  majefty,  tvhleh  cannot  he  iiir.hu.'d  hy 
m  foreign  natiin,  it  is  not  permitted  tu  rafefcldiers  on  tL>  terriicry  of  another,  ivilhoui  the 
ionfent  of  itsfuvtreign.'*  y  _  , 


■fPT 


1 ' 


i^ 


•redu  tcrritoire."  AndVattcl,  before  cited,  1.  3,  f.  I5,«f  "Lc  droit  dc  lever  d«» 
foldats  appartei^ant  uniqucmcnt  a  la  nation  ou  au  Touvcrain,  peifonne  ne  peut  en  eu- 
rolkr  en  pays  etranger  fans  la  permilfion  du  fouverain  ceux  qui  entreprtncnt  d'enga- 
gcr  dis  foldats  en  pays  etranger  fans  lapcrmiifion  du  fouverain  ct  en  general  qui- 
conque  debauciie  Ics  fujcts  n'autrui,  viole  un  des  droits  Ics  plus  facrcs  du  prince  &  dc 
la  nation  C'cft  le  crime  qu'on  appclie  plaii^iat  ou  v.d  d'honinie.  U'n  eft  aucun  ctat 
fioHce  qui  ne  le  punifc  trcb  fevercinent,  &c."  I  or  I  chufs  tp  refer  you  to  the  paf- 
fage,  rather  chan  follow  it  through  all  its  developments.  .-The  teftimony  of  thefc 
and  other  writers  en  the  law  and  ufage  of  nations,  with  ymir  own  juft  refiedions  on 
thtm,  will  fatis(y  you  that  the  United  States,  in  prohibiting  all  the  belligerent  pow- 
ers from  equipping,  arming  and  manning  veflels  of  war  in  their  ports,  have  exercifed 
a  right  and  a  duty  with  juliicc,  and  with  great  moderation.  By  our  treaties  with 
feveral  of  the  belligerent  }X)wers,  wlucb  are  a  part  of  the  laws^of  our  land,  wc  have 
eftabliflied  a  flile  of  peace  with  thcm.^  'But  v/ilh"ut  aj)pcaling  to  treaties,  we  are  at 
peace  with  them  all  by  the  lavv's  of  nature  ;  for,  by  nature's  law,  man  is  at  peace 
vith  man,  till  fomc  aggrefilon  is  committed,  which,  by  the  fame  law,  authorife« 
one  to  d-'Ilroy  another,  as  his  enemy.  For  our  citiztfls  tlicn  to  commit  murders  and 
fjepredations  ca  the  members  of  nation*  at  peace  with  us,  or  to  combine  to  do  it,  ap- 
peared to  the  executive,  and  to  thofe  whom  they  confulted,  as  much  ?.guiiifl  tl;e  laws 
i;f  the  land  as  to  murder  or  rcb,  cr  combine  to  murder  or  rob,  its  own  citiztr,s  ;  and  as 
much  to  require  punifliment,  if  done  within  their  limits,  where  they  have  a  territorial 
jiirjfdidion,  or  on  the  high  fvas,  where  they  have  a  perfonal  jurifdiction,  that  is  to 
fay,  one  which  reaches  their  ov.'n  citizens  only  ;  this  being  an  appropriate  part  of 
each  nr.tion  on  an  element  where  all  have  a  common  jurifdiction.  So  fay  our  laws, 
as  wc  underftat'.d  them  ourfelves.  To  them  the  apper.l  is  made — and  whether  wc 
have  conftrued  them  well  or  ill,  the  conftitutional  judges  will  decide.  I'ill  that 
decifioii  ihall  be  obtained,  the  government  of  the  Umted  States  muft  purfue  what 
they  think  right,  with  firmnels,  as  is  tlieir  duty./On  the  firft  attempt  that  was 
mad;;,  the  Prefident  was  defirous  of  involving  in  the  cenfuj-es  of  the  law,  as  few  as 
might  be.  Such  of  the  individuals  only^<therefore,  as  were  citizens  of  the  United 
States,  were  fnigled  out  for  profecution.  '''But  this  fecond  attempt  being,  after  full 
knowledge  of  what  had  been  done  on  tfic  firft,  and  indicating  a  difpofition  to  go  on 
in  oppolition  to  the  laws,  they  are  to  take  their  courfe  againit  all  perfons  concerned, 
whether  citizens  or  aliens;  the  latter,  while  within  our  jurifoidlion,  and  enjoying 
the  protcdionofthclaws,  being  bound  to  obedience  to  them,  and  to  avoid  difturb- 
anccsofour  peace  within,  or  ads  which  would  commit  it  without,  equally  as  citi- 
zens are. 

i  have  the  honor  to  be,  with  fentimcnts  of  great  refpcdl  and  eftceni, 
•   -■■  Sir, 

■  Your  mcft  obedient,  ,         . 

•      ' '' '  And  moft  humble  fcrvant, 

T  H  :    J  E  F  F  E  R  S  0  N. 


D 


.,:  ,1  PniLADELi'in.r,  2zA  Juncy  1793. 

\  2;^'  y'.-ar  of  the  Rfpiibllc. 

Tie  Ciilzf.t  Genet,  Mi.r'fer  P.'<r.!/>ot.'rtIary  of  th?  I^rpuMk  cf  irc.ncey  to  Mr.  f^fcrfon, 
■  ■     -'    .      '■  i^'^cn-'iiy  cf  Statu  of  tic  UaiisJ  SuUs.,  .,  ^ 

5m, 

ISCUSSIONS  are  fiiort,  when  matters  arc  taken  upon  their  true  principles. 
I^et  us  explain  ouriclvcs  as  republicans.     Let  us  not  lower  ourfelves  to  thp 

f  "  The  riglit  of  raifng  fQld'urs  Ishnghi^  only  to  the  nalkn  or  its  fvcr.ign,  m  one  can 
-mtrol  tbetii  tn  a  fortij;,,  country  -witljout  the  pcrnZ/Jlon  of  the  f-^'ere'gn.  Thfc  tvho  iniJa- 
tJie  to  engage  fuUUn  in  a  foreign  country,  iiitiM.ut  perr.ijjior  f  t/jefowr.igr:—,;;  J  in  gem- 
r^i  ■whor.f.e'uer  corr,:pu  tie fiLjeits  of  others,  violates  one  of  tU  wofl faau-J  ,i^!.:s  of  /,'-... 
prince  ami  of  the  r.aiion.  It  is  the  crime  -which  is  cuiij  plajiat  0;  m^n-tbtft.  -Jbro  j, 
u^pclueJjtj.'t  idici)  Joes  mtfi-jcrcly  puinji  it. 


[     31     1 

Ibvcl  of  ancient  politics,  by  cllplomr.tic  fubtlcties.  Let  rs  be  as  frank  in  our  ov?r» 
tures — in  onr  declai-ations,  as  our  two  nations  are  in  their  afTeiJlion*;  ;ind  by  this 
plain  and  fincere  condutS:,  arrive  at  the  objcdt  by  the  fhsrtLn:  way. 

All  the  reafoningn,  Fir,  contained  in  the  letter,  v/liich  you  did  mc  the  honour  to 
write  to  me  the  '  yth  of  this  month,  are  extremely  injrenious  ,  but  I  do  not  hLiitatc 
to  tell  you,  that  they  reft  on  a  bafis  which  I  cannct  admit.  You  oppofc  to  my 
complaints,  ^to  my  juft  reclamations,  upon  the  footing  of  right,  the  private  or  pub- 
lic opinions  of  the  Prefident  of  the  United  States;  ai.d  this  E-^is  not  appearing  to 
you  fuflicient,  you  bring  forward  aphorifnis  of  Vattcl,to  juftify  or  orcufc  infratflion* 
committed  on  pofitive  treaties,  tjir,  this  conduct  is  not  lilce  oiirs.  In  arrivinjr 
among  you,  I  have,  with  candor,  faid  that  the  French  nation,  cherifti.i-^  the  irtc- 
rcfts  of  the  United  States  more  than  their  own,  occupied  themfclvcs  but  on  their 
happinefs,  in  the  midfl:  of  furrounding  dangers,  and  Inftcad  of  preffing  them  to 
fulfil,  tov/ards  them,  all  the  obligations  impofcd  on  them  by  our  treaties,  by  gra- 
titude, and  by  provident  policy;  they  have  juft  granted  new  favours  to  their  lom- 
merce,  to  partake  with  them  the  benL^fits  of  its  navigation,  opening  to  them  all  the 
ports  in  the  two  worlds  ;  in  a  word,  aflimilating  them  to  her  own  citizens. 

Such  amicable  and  difintereftcd  proceedings,  fliould  render  the  federal  govern- 
ment. Sir,  induftrious  in  feeking  at  leall:  all  the  means  of  ferving  us  as  far  as  cir- 
cumftanccs  would  permit  them ;  but  Inftead  of  waiting  till  Congrcfs  had  taken  inta 
confideration  the  important  fubjecfts  which  (hould  already  hare  occupied  them  ;  until 
they  have  determined  whether  the  war  of  liberty  ;  whether  the  fate  of  France  and 
her  colonies,  were  indifferent  objefts  for  America  ;  until  they  had  decided  whetiier 
it  was  the  intereft  of  the  United  States  to  profit,  or  not,  of  the  fituatioa  in  which 
French  magnanimity  places  them,  they  have  been  forward,  urged  on  by  I  know 
not  what  influence,  to  purfue  another  condudt.  They  have  multiplied  difficultie* 
and  embarrafTments  in  my  way.  Our  treaties  have  been  unfavourably  interpreted  : 
Arbitrary  orders  have  dire(5led  againfl  us  the  adion  of  the  tribunals ;  indeed,  my 
fliplomatic  reception  excepted,  I  have  met  with  nothing  but  difguft  and  obftaclcs  in 
tlie  negociations  I  have  been  ch.argcd  with. 

It  is  not  thus  that  the  American  people  wifli  we  fhould  be  treated.  I  cannot  even 
fuppofe,  and  I  wifh  to  believe,  that  n'.cafurcs  of  this  nature  w'erc  not  conceived  in 
the  heart  of  General  Waflilngton, — of  that  celebrated  hero  of  liberty.  1  can  attributi* 
them  only  to  extraneous  imprefficns,  over  which  time  and  truth  w  ill  triumplu  •  I 
requeft  you  therefore,  Sir,  to  lay  before  this  firft  magiftrate  of  your  Republic,  the 
two  inctofed  protefts,  which  have  been  juft  tranfmittcd  to  me  by  the  confuls  of  the 
Republic  of  France  at  New  York  and  Philadeljihia.  You  will  vjc  therein  that  tliefr 
officers  complain,  that  French  priTies,  the  jurifdiftion  of  which  belongs  exclufivtly 
to  the  confular  tribunals,  have  been  feizcd  in  thefc  two  ports,  by  orders  of  the  Piefi- 
dent.  leKpeiSi  from  the  equity  of  the  federal  government,  Sir,th"  immediate  redref* 
of  thefe  irregularities ;  and  I  venture  to  hope,  alfo,  that  tlie  PreruL-n't  v^-ould  be 
pleafed  to  ex;'.mine  again  theafFair  of  the  fhip  Republican,  of  New  York,  and  confulcr 
whether  (independent  of  :he  right  which  we  have  to  fit  out  privateer?-)  any  of  the 
exprelfions  ufed  by  conful  Hautcrlvc,  to  reclaim  the  giving  up  of  the  feizure  made 
of  that  vcffel,  proves  that  flie  has  been  armed  for  this  purpole.  Tlie  citizen  Haute- 
rive  has  clearly  fliewn,  on  the  contrary,  that  flie  was  armed  by  Frenchmen,  at  a 
time  when  the  moft  religious  of  all  duties  prompted  tliem  to  fly  from  all  parts  of  the 
world  to  the  fuccour  of  their  country,  and  to  fulfil  towards  her,  thofe  duties  ta 
which  the  Americans  would  be  equally  bound.  If  we  had  not  the  defire  "o  leave  ta 
their  wifdom  and  their  honor,  the  un  plrage  of  their  conduiSl:.  It  is  itKonteftible, 
that  the  treaty  of  commerce  (art.  XJill)  exprcfsly  authorizes  our  artr.ing  in  the  port* 
of  the  United  States,  and  interdici;s  that  privilege  to  every  enemy  nation.  r.cUde* 
this  z6i.  forms  but  a  part  of  our  conventional  compads,  and  it  is  in  them,  collec- 
tively, that  we  ought  to  fcek  contradsof  alliance  and  of  commerce  fimultancoufly  , 
made,  if  we  wifii  to  take  their  fenfe,  and  interpret  faithfully  the  intention^  of  the 
people  who  cemented  them,  and  of  the  nun  of  genius  who  dictated  them.  If 
you  cannot  proteiSl  our  commerce,  and  our  colonies,  which  will,  in  future,  erntri- 
h»tii  auich  moicto  your  profperity  tiuin  to  our  own,  at  Icafc  do  not  arrcil^tlic 


:  a 


( 


i 


if! 


•ivifin  of  our  own  citizens,  ilo  not  expofe  them  to  a  certain  lofs,  by  obliging  thenx 
to  go  out  oi'  your  ports  unarmed.  l3o  not  punilh  the  brave  individuals  of  yciur 
nation,  who  arrange  themrelves  under  our  banner,  knowing  perfeiSIy  well,  t''at 
no  law  of  the  United  States  jives  t»  the  government  the  fad  power  of  arrcfting' 
tbcir  zeal  by  ads  of  ripor.  The  Americans  arc  free ;  tliey  are  not  I'.ttached  to  the 
gkbe  like. the  flavcs  of  Rufila;  they  may  ehangiJ  their  fuuatiou  wltcn  they  pleafc, 
anti  by  accepting,  at  this  moment,  the  fuccour  of  their  arm«  in  the  habit  of  trampling 
on  tyrants,  we  do  not  commit  the  plagiat  of  which  you  fpcak.  The  true  robbery, 
the  true  crime,  Trould  be  to  enchain  the  courage  of  thcfc  good  'citizens,  of  thefc 
fmccre  friends  to  the  beft  of  caufes- 

I  am  ignorant.  Sir,  of  the  conilitntional  judges  to  whom  the  federal  government 
appear  to  have  it  in  contemplation  to  refer  the  different  qucftions  of  public  right, 
which  have  arifen  between  us ;  but  it  appears  to  me,  that  tliefe  judges  can  be  looked 
upon  only  as  counfellors,  fince  no  particular  tribunitl  has  the  right  or  power  to 
intcrpofe  between  two  nations,  whofe  only  arbiters,  when  they  have  a  fmcere  defire 
to  live  fraternally  and  amicably  together,  mull  be,  in  the  prefcnt  ftate  of  humaa 
focietics,  good  faith  and  reafon. 

Accept,  Sir,  the  cxpreflion  of  my  eflccm,  and  my  rcfpedtful  fentimcnts. 

GENET. 


TRANSLATION. 

Confulate  of  New- York. 

Ft'otejl  of  Ciiizen  Hauterivs,  Conful  cf  the  Republic  of  France,  at  NcwYorhy  a^ainjl 
the  procefs  andfdzure  of  the  Catharine  of  Halifax. 

CONSIDERING  that  tribunals  are  inftituted  to  render  juftice  between  indivi- 
duals, and  not  to  judge  of  the  differences  that  may  arife  between  govern- 
ments, and  flill  lefs  to  decide  on  the  political  relations  which  exift  between  nation 
and  nation.  That  their  fphere  is  circumfcribed  within  the  territorial  limits  of 
the  Ilate  to  which  they  belong.  That  there  cannot  be  any  relation  of  dependence 
between  the  tribunals  which  therein  belong  to  two  different  nations. 

That  i.ie  confular  jurifdicSion  is  an  extenfion,  and  a  firft  degree  of  jurifdidion 
of  the  tribunals  of  commerce  and  of  admiralty,  inftituted  in  foreign  countries  by 
the  nation  to  which  the  political  conventions  have  "given  the  right  of  confulate 
as  well  as  the  right  of  recurring  to  the  public  force,  to  enfure  the  execution  of  the 
confular  difcufiions. 

That  the  limits  of  this  jurifdlAion  depend  only  on  the  foreign  government 
which  has  eftabliflied  it,  and  that  this  government  may  extend  or  contradl  it  at 
J)leafure,  provided  it  does  not  attribute  to  it  any  adion  againft  the  perfons,  the 
property,  the  police  and 'he  local  jurifdidion. 

That  in  attributing  to  thcfe  tribunals  dependent  upon  it,  that  which  belongs  to 
another  equally  dependent  upon  it,  a  government  does  not  go  beyond  the  limit* 
of  this  power. 

That  recently  the  French  government  hath  given  to  theconfulates  of  the  Republic,' 
the  jurifdidion  of  fca-prizes,  and  has  thus  completely  conftituted  them  courts  of 
admiralty. 

That,  by  that  it  only  difplaces  one  of  the  branches  of  the  judiciary  power. 
That  the  geographical  pofition  of  a  legally  eftabliflied  tribunal,  neither  alters  the 
force,  nor  extent,  nor  independence  of  its  jurifdidion. 

That  all  intervention  dircd  or  indlred,  as  to  the  French  prizes  being  formally 
interdided  the  tribunals  of  the  country,  the  admiralties  of  the  two  nations, 
however  they  may  locally  approach  each  other,  are  not  the  lefs  feparated  from 
wne  another  by  the  ir.furmountable  barrier  of  political  riglit. 

That  thus  a  French  prize,  remaining  in  a  neutral  port  in  virtue  of  treaties, 
is  fubmitted  to  the  confular  admiralty  in  virtue  of  the  right  whicli  nations  have  of 
organizing  at  pleafurc  their  judicatures,  is  as  much  Iheltcrcd  from  the  adion  of 
any  other  local  tribunal,  as  if  it  were  in  a  French  road. 

For  all  thcfe  rcafons,  Ave  Alexander  Hauterive,  conful  of  the  Republic  of  France, 
confidering  that  the  New-York  diftiid-court,  has  extended  its  jurifdidion  to  a- 
Ffcnch  prirc,  the  dccifion  of  which  was  pending  in  our  uibunal ;         .'..,.;...' 


.1.,l 


£     33    3 


I- 


Th?.t  tlils  intervention,  prefcribed  by  the  treaties,  not  only  tends  to  cftabliili  a 
clafhing-  of  jurifdiAion  between  two  tribuiiuU,  which  cannot  have  communication 
together,  but  alfo  o  the  an*  ihilation  of  the  conluhr  tribunal, which  is  reduced  to 
nothing  as  foon  as  the  public  force,  which  the  trtaties  have  given  it  the  right  of 
demanding  to  fupport  its  judpfments,  is  imployed  againft  i*. 

That  if  this  error  of  the  judiciary  power  could  be  antliorifed  by  the  govern- 
ment, we  muft  fuppofc  that  the  government  has  the  right  of  interpreting,  modi- 
fying or  deftroyinjj  the  political  compacts  which  unite  the  two  nations,  by  the  in- 
formation and  dccifion  of  the  tribunals  of  one  of  thefe  tv/o  nations. 

We  protcftagainft  the  violation  done  to  the  rights  of  the  nation  we  rcprefcnt; 
we  declare  formally,  that  whatever  may  be  the  decifions  of  the  tribunal,  which  has 
arrogated  to  itfelf  the  judgment  of  the  i>rize  Catharine  of  HiiUf^rc,  to  the  injury 
of  the  confulate  jurifdiftion,  the  parties  interefted,  who  are  amenable  only  to  our 
tribunal,  are  not  bound  to  conform  to  it.  We  declare  this  judgment  to  be  null, 
and  of  no  eifed  whatever;  ift.  By  the  notoriety  of  the  incompetency  of  the  tribu- 
nal, ad,  Bccaufe  it  would  be  given  in  contempt  of  our  prottfl.  3d,  Eecaufe  it 
would  be  formed  on  infufficient  information,  the  principal  papers  to  elucidate  the 
difcuflion,  being  m  our  hands,  never  to  go  out  of  them.  4th,  AjccaurctJie  French 
Republic  being  one  of  the  parties,  it  would  be  neceffary,  in  order  to  proceed  regu- 
larly, that  the  judges  fbculd  find  in  the  American  laws,  that  the  French  nation  is 
amenable,  in  its  political  rights,  to  a  private  tribunal,  and  that  they  may  be  con- 
demned by  default. 

We  declare,  in  fine,  that  thefe  rights  /ball  remain  entire,  faving  the  requifition 
of  damages  and  intereft,  to  the  parties  interefted,  and  the  demand  of  reparation  for 
that  of  the  two  nations,  who,  in  the  diplomatic  judgment,  (the  only  competent 
arbiter  between  friendly  nations)  will  be  acknowledged  injured  in  its  rights. 

Further  we  declare,  that  the  judgment  of  the  fatil  is  ftill  pending  in  the  confulsr 
tribunr-'  of  the  Republic  at  New- York. 

New-York,  aifl  June,  1 793.  , 

id  year  of  the  French  Republic.  ,         '  , 

Certified  to  be  conformable  to  the  original.  "  '       '     '        \lj 

Pratejl  tf  the  Conful  of  the  Ripublic  of  France,  againjl  ih;  feitiure  of  the  fh'tp  Williani.  '  ' 

CONSlt)F,RING  that  no  authority  on  earth  has  either  tlie  right  or  the  power 
of  interpofing  between  the  French  nation  and  her  enemies.  That  (he  alone 
is  the  arbiter  and  judge  of  the  ofFenfive  adts  which  the  fupport  of  her  independence 
obliges  her  to  commit  againft  the  defpotic  governments  coalefced  to  replunge  her 
into  a  ftate  of  fervitudc,  from  which,  abandoned  by  her  friends,  and  affailed  by  fa 
many  enemies,  flie  alone  has  been  able  to  liberate  herfelf.  That  the  court  of  admi- 
ralty at  Philadelphia,  yielding  at  firfl-  to  illfoundcd  reclamations,  fince  recalling; 
herfelf  to  the  principles  of  the  law  of  nations,  has  acknowledged  its  incompetencjj 
to  the  dccifion  on  the  legality  of  French  prizes. 

That  hence  it  evidently  refults,  that  no  local  authority  can  take  upon  itfelf  ths 
information  of  a  difcuflion  which  arifes,  or  may  arife,  between  nation  and  nation. 

That  neverthelefs  the  federal  government  has  placed  a  guard  on  the  fliip  IVllliam, 
taken  by  the  French  galiot  the  Citizen  Genet,  and  by  this  matter  of  fa<5t  feems  ta 
declare,  that  previous  to  all  difcuflion,  it  meant  to  interfere  in  the  examination  of 
the  right,  and  in  the  dccifion  of  the  fadls. 

That  if  the  government  interferes  as  local  authority  in  the  judgment  of  the  faiSs, 
they  deny  and  violate  the  principle  ^xprefsly  declared  in  the  17th  art,  pf  tlie.^ceatjr 
between  America  and  France.  '.    ..',.',,..  I  i    " 

That  if,  as  a  power  in  veiled  by  the  nation  to  communicate  with  foreign  govern- 
ments, they  interfere  in  the  examination  of  the  right,  they  proceed  previoufly  by 
a  method  till  this  day  unknown,  in  preceding  a  diplomatic  difcuflion  by  an  arbitrary 
and  violent  adl,  and  by  an  execution  purely  military. 

For  all  thefe  reafons,  we,  Francis  Dupont,  Conful  of  the  French  Republic,  at 

hiladelpbia,  formally  protell  againft  the  infringement  committed  on  the  rieht* 


Philadel 

of  the  French  nation  by  the  local  government  of  Philadelphia. 


£     3+» 


Wc  declare,  that  having  proceeded  in  a  judiciary  manner  to  the  falc  of  the  faid 
ihip,  and  that  being  accountable,  in  the  name  of  the  French  nation,  to  the  pur- 
chafers  of  the  property  acquired  by  them,  we  throw  upon  the  government,  who 
has  created  thefe  obftaclcs  to  acquiring  the  pcffcflion,  all  the  damages  and  intcreft. 
We  declare  further,  that  in  informing  the  minifter  of  the  French  Republic  of  the 
violence  oppofcd  to  the  excrcile  of  our  funtftioHs,  we,  in  his  name,  refcrve  by  the 
prefent  j'roteft,  the  purfuit  in  reparation  for  the  violation  of  the  convenricnal  com- 
padls,  and  the  outrage  againftthe  Ireiuh  nation  in  the  miniflry  of  its  agents. 

Done  in  our  confulate,  Philadelphia,  22d  June,  1793,  2d  year  of  the  French 
Republic. 

FR0I3.    D  U  P  O  N  T. 


I 


"      •■  '  ''  '■'  Philadllphia,  June  nth,  179-?. 

Jlfr.  yefi.-fa/i,  Secretary  of  State,  to  the  Mifiij'ier  Plenipotentiary  of  France. 

■     Sir, 

HAD  tl;c  honoi' of  l.iying  before  the  Prefiiknt  your  memorial  of  the  sad  of 
May,  piopofiiv';  that  the  iTnilx.1l  States  flictrUl  now  pay  up  all  the  future  in- 
Italnia'.tJ  ol  ihcir  debt  to  France,  o\\  condition  that  the  funi  fliould  be  Invffttd 
in  proLiice.  /  The  Prelluent  having  lully  deliberated  on  the  I'ubjeft,  I  have  now 
the  honor  or  encloiing  yo\i  a  report  from  the  trealury  clepartinent,  made  in  con- 
fciji.cr.cc  thereol,  and  explaining  t!ie  circumfvances  which  prevent  the  United 
tJtatts  from  acceding  to  that  prunofi'ion.  / 

In  Lidy  the  inllalmcnts  as  tl'.ty  arc  i'cttlcd  by  the  convehtlon  between  the  two 
nations,  far  exceed  the  ordinary  reiburces  of  the  United  States.  To  accomplKJi 
tliem  completely  and  pumFtually,  we  are  obliged  to  anticipate  the  revenues  of  fu- 
ture times,  by  loans  to  as  great  an  extent  as  we  can  prudently  attempt.  As 
they  are  arranged  however  by  the  convention,  they  give  us  time  for  lucceflive, 
and  gradual  efforts.  But  to  croud  thcle  anticipations  all  into  a  fingle  one,  and 
that  to  be  executed  in  the  preient  inftant,  would  more  than  hazard  that  ftate  of 
credit,  the  prelervatio*^  of  which  can  alone  enable  us  to  meet  the  different  pay- 
ments at  the  times  agreed  on.  To  do  even  this,  hitherto  has  required,  in  the  ope- 
rations ei  borrowing,  time,  prudence  and  patience ;  and  thcle  operations  are 
Itill  going  on  in  all  the  extent  they  will  bear.  'Xo  prefs  them  beyond  this, 
would  be  to  defeat  them  both  now  and  hereafter.  /We  beg  you  to  be  allured,  and 
through  you  to  aflure  your  nation,  that  amoitg  the  important  reaibns  which 
lead  us  to  economife  and  fofter  our  public  credit,  a  Itronger  one,  is  the  defire  of 
preierving  to  oiu-felves  the  means  of  difcharging  our  debt  to  them  with  punc- 
tuality ami  good  faith,  in  the  times  and  I'ums  which  have  been  ftipulated  between 
us.  Referring  to  the  enclofed  report  for  a  more  particular  development  of  the  ob- 
ftacles  of  the  propofition,  I  have  the  honor  to  affure  you  of  the  fentiments  of 
particulax-  cfteem  and  rei'peft  with  which.  I  am.  Sir, 

Your  moj}  obedient  and  mojl  humble  ferfvant, 

' '       ""■:■  '  T  H.    J  E  F  F  E  R  S  O  N. 

JThe  Stcretan  of  the  Treajury,  to  nvbom  ivas  referred  a  communication  from  the 
''""Mlnijlcr  Plenipotentiary' oj  the  Republic  of  France,  on  the  fuhjeSt  of  the  debts  of 
the  United  States,  to  France,  reffe^tjuliy  makes  thereupon  the  foUo-~ji.ing  Reptrt : 
npHE  objeft  of  this  communication  is  to  engage  the  United  States  to  enter  in- 
•■•    to  an  arrangement  for  dilirharging  the  rthdue  of  the  debt  which  they  owe  to 
France,  b}r  an  anticipated  payment  cf  the  inftalments  not  yet  due,  either  in  fpecie 
or  bank  bills  of  equal  curi^ncy  with  Ipccie,  or  in  government  bonds,  bearing 
intereft  and  payable  at  certain  fpccified  periods,  upon  condition  that  the  fum  ad- 
vanced (hall  be  invelted  in  prgdu^ions  of  the  Uiua;d  Spates,  for  the  fupply  of 
the  French  dottiiuioni,  . 


f  J5     ] 

With  rcgnrj  to  the  firft  expedient,  nimcly,  a  |.r.ynip;i;  In  fprcie  rv  !):ink-}:;,'s, 
the  rofburccs  oF  the  treafury  of  the  UnikMl  Jitr-fes,  di.  n<»f  admit  of  its  Ix-iiv 
ailoptefl.  The  govcnitnait  has  relird  for  the  ii;enns  of  iviin'iiiiinQ;  ivs  forti  ni 
dcht,  on  new  loans  to  he  made  I'hro.til.  The  I:U(  i-rents  in  r.ju-opi-  hivc  thrown 
a  tcmpor:uy  obltaclc  in  thf-  wny  of  thc:l'  loans,  producin?;,  conuquentlv,  :  n  in- 
ability to  make  jnymi.nt  hy  anticipation  or  the  icfidue  oi"  the  debt  ha-taiicr  to 
grow  due. 

WrJi  regard  to  the  fecontl  txpcdirMt,  tha*^  of  govianmcnt  bonds  pavubJe  at 
certain  fpecified  periods  ;  this  in  liihllancc,  tliough  in  other  four.a,  lia;i  ixiAHt- 
fdly  ccme  tmder  tonfidcralion,  and  ha!>  as  oltifi  been  dtcl'.pcd  iis  in(.li<^il)l.'. 
Great  inconvenienc its  to  the  trc.lit  of  the  g.nvrnn-ien;,  tendin';;  to  dcranVie  if  :j 
gonerpj  operations  of  finance,  h  ive  bci  ii  and  inul  continue  to  i.e  perc,ivtd  in 
every  plan  which  is  calculr-icd  to  throw  fiiduenly  upon  the  niarlcc,',  a  hiri^e  ad- 
ditional mm  of  its  bonds.  The  prelcnt  (late  oi'  things  tor  (jhvions  j-caibns  wovdd 
ferve  to  augment  the  evil  of  fuch  a  circumitance,  whi'o  the  cxdling  and  poflible 
exigencies  of  the  United  States,  admonifli  them  to  Ije  piuticidariy  cautious  at 
this  jun^Uire,  of  any  me.ifure  which  may  tend  to  hazard  or  imptir  their  oedit. 

Theie  confiJerations  greatly  outweigh  the  advantage  vvh.ich  is  furg>-ftcd  as  an 
Inducement  to  the  meai'ure  (the  condition  refperting  which  Is  the  principle  cir- 
cumftance  of  the  difference  between  the  prefent  and  forme)  proportions)  to  ariic 
from  an  inveftmcnt  of  the  fv.m  to  be  advanced  in  tlie  products  of  the  couiin-y  ; 
an  advantage  on  which  perhaps  litUe  Itrt  is  can  be  laid  hi  the  prefent  and  proba^bic 
ftate  of  toreign  demand  for  thefe  producli. 

The  motives  which  diflliade  from  the  adoption  of  the  p/opofed  meafuie,  niay, 
it  is  conceived,  be  the  more  readily  yielded  to,  from  the  probability  rliat  the 
utility  of  it  to  France  might  not,  on  experiment,  prove  yn  equivalent  for  the 
facrilices  which  (he  might  have  to  make  in  the  difpoiition  of  the  bonds. 

All  which  is  humbly  fubmiMed. 
[S!g»eJ,']      ALEXANDER  HAMILTON,  Sec'ty  of  the  Treafury. 

Treajhy  Dcparimeat,  "June  8,   1793. 

A  true  Copy,       (Signed)       TOBIAS  LEAR, 

Secntary  to  the  PirfiJc/it  of  the  Uaited  Stales. 


Tk 


TRANSLATION. 

.   Philadelphia,  14th  June,  1793,. 
2d  year  of  the  French  Kepubilc. 

Chizen  Gciict,  AfuhJIer  riar.poti'ntiaiy  of  the  Republic  of  Irunce,  to  Mr, 
fe^erfoii)  Secretary  of  SUiie  of  the  VnlieJ  States. 

Sir, 
tT  is  the  characrcr  of  elevate'd  min(ls,of  freemen,  not  (ofxpofe  tliemfeivcs  twice 
■■•  toarefuial.   I  luive  rcqucfted  you  to  niakeknovvn  to  thci'irfidcnt  of  tlicUni:ctl 
States,  the  urgent  ncci;flitics  of  the  French  liepubiic.     I  have  not  hidden  iVom 
you,  tliat  h  ivmg  armed  near  a  million  of  foldicjs,  tlicy  have  experienced  a  ccn- 
iiderabit  ui.ficiency  in  their  produce  5  and  that  tluy,  witli  iheir  cidonics,  woidd 
be  configned  to  the  horrors  of  famine,  if  the  United  States  ihoukl  not  iurniih 
tliem  on  account  oi'  tlieir  debt,  a  part  of  the  l\diliilance,  which  they  wunt.     I 
iiave  offered  you,  in  viitue  of  my  powers,  to  take  in  payment,  in  diiauh  of  money, 
bills,  or  obligations  of  the  ftatc,  bearing  intcrell  tid  the  epoch  fixed  by  our  con- 
vention, for  the  rc-imburicinent  of  your  debt.     I  have  endeavoured  to  convince 
you  of  the  advanL-ages  whleh  woidd  reiv'.it  from  this  operation  for  the  two  <oim- 
tries,  and  more  particularly  for  America,  at  a  time  wiitn  lliey  have  a  luptr- 
abundance  of  grain  and  (lonr  ;  but  obli.aving.  Sir,  by  the  letter  whicli   ycu 
v/rote   to  me  on  tlie  nth  June,  and    by  tlie  report  of  the  Secretary  of  t'le 
Trealury,  that  none  of  our  propofitions  have  been  accepted;  without  enteriiig 
into  the  iinancial  reaions  which  operate  lluw  refufa.l,  without  endeavouring  t« 


w 


I 


!l-j. 


f 


r. 


[.  36  ] 

rove  to  yon  that  it  tcn.^s  to  accomplifh  tlie  'mfv-nwl  fyflcm  of  tlic  King  <if  Enp- 
ami,  a'.i.'i  of  tbf  other  Kings  his  accoiriplicc;j,  to  delhcy  by  famine,  tiic  I'lcnch 
republican*  nnJ  liberty,  I  iittcml,  on  tlie  urcilnt  occaiion,  only  to  tic  c.Jls  of 
my  coiinUy,  iiiul  as  its  neccfTities,  and  thcfc  of  thr-  colonics  become  I'.aily  more 
preflirf.,  aa  it  has  charged  me  to  provide  for  them  at  whatever  price  it  might  he, 
I  rcqiicir  you,  i^ir,  to  )nform  the  Picfidtnt  of  tlic  United  States,  that,  belnrj 
authoiiled  in  i!ie  aaiite  of  the  French  Republic,  to  givt;  anir:;nmfcUt->  to  ihe  Ame- 
rican m-Tclnnts  or  lanners,  in  payirii^nt  of  the  jirovihons  they  may  liu-nKh,  from 
the  wan',  ot"  new  advances  on  vlie  part  of  the  United  States,  I  recjuelt,  in  ordrr 
to  place  me  ')•}  a.  firr.ation  to  life  this  power,  that  he  prelcribc  to  the  Secrc'iary 
of  the  Tre.ifiuy  to  adjiift  with  me  inimtdiately  thear.iuimt  of  the  debt  of  the 
United  States,  to  France. 

The  exuedient  to  which  I  am  about  to  hnve  recpurfe,  will,  probably,  be 
onerous  to  t!;e  I'Vaich  Natii/n,  bat  as  the  federal  government  thinks  it  may 
takeonitieU  to  place  us  under  the  nectflity  of  cmj)loying  it,  without  copiulting 
Congrel's  upon  fo  important  a  matter,  I  am  obliged  to  follow  my  inftru<!^lions. 

GENET. 


PiiiLADELfHiA,  June  19th,  1793. 
Mr.  Ji^fjo/t,  Secretary  of  State y  i»  Citizen  Ginct,  Minister  of  Ira/ue. 
Si  R, 
A  CCORDING  to  the  defire  exprtffed  in  your  letter  of  the  14th  inflnnt,  tht 
■*  *■  Prefidi'nt  will  give  the  inltniitiori;;  necclfary  for  the  fcttlement  of  the  inftal- 
mtnts  of  prinripid  anci  incerelt  Hii!  due  ficm  the  United  States  to  France.  This  is 
nil  ael;  eipially  jult  and  dehrable  lor  both  parties  ;  and  although  it  had  not  lieen 
imaf;ined  that  the  materials  fordoing  it  were  to  be  had  here  at  this  moment,  yet 
we  Ihall  be  pleafcd  to  find  that  they  may.  In  the  mean  time,  what  is  further 
to  be  done,  will  doubtlefs  be  the  lubject  of  further  reKeftion  and  inquiry  with 
you  ;  and  particularly  the  operation  propofed  in  your  letter,  will  be  viev/ed  under 
all  its  alperts.  Among  thefe,  we  think  it  will  jirefent  itlelf  as  a  meallire  too 
qufcllionrible  both  in  principle  and  prafticability,  too  deeply  intereitlng  to  the 
oredit  of  the  United  States,  and  too  unproraifmg  in  its  reiult,  to  France,  to  be 
found  eligible  to  yourielf.  Finally  we  reft  I'ecure  that  what  is  of  mutual  con- 
cerni  wiU  not  be  done  but  with  mutual  concert. 

I  ha'~je  ihe  honor  to  be  ivith  great  refpeSl  and  cjleenit 

Sir,  your  moji  obedierit  and 
<',■     -        :        ,  .  mojt  humble  fer'V^nty 

TH:    JEFFERSON. 


TRANSLATION. 

-— ••  PniLAnELPHlA,  15th  June,  1793 — 2d  year  of  the  Republic. 

The  Citizen  Cenci,  Minister  of  the  Rfpuhiic  of  Frame,  to  Mr.JeJferfe;i,Secre- 
tary  of  Slate  of  the  United  States. 
Sir, 
'T^HE  Citizen  Kauterive,  confiilof  the  Republic  at  New-Yoi'k,  has  this  mo- 
-^    mtnt  informed  me,  that  a  difcuillon  has  arili;n  between  him,  and  the  govern- 
ment of  the  itatc  in  which  herefidcs,  refpe6ling  the  Embulcade  frigate,  upon  a 
a  point  of  right.     The  queftion  is,  whether  in  a  neutral  port,  an  armed  veflel, 
oujrht  to  allow  a  truce  of  twenty-four  hours  to  enemy  veUels,  to  go  out  of  it  ? 
The  Citizen  ilauttnve   received  a  formr^l  requifition  on  this  Uibjcft,  from  the 
governor,  re'iuive  to  the  depirtuie of  the  Englilh  j)acket,  who  without  faying 
pofitivcly,  thnt  the  local  government  had  a  right  to  hinder  the  frigates  going  out 
beiore  the  c:ipiration  of  the  truce  of  24.  hours,  and  that  he  would  ufe  liich  riglvt, 
gave  him  to  I'jiderllapd,  end  appeared  to  believe  that  it  was  univerfal, 


f.     37     3 


Tlie  Citizen  Hauterive,  Sir,  \\?.s  confin?«l  liimfcf  to  :i  lenrcnce  of  this  mn^tpr 
to  me,  lequcltinp;  inlliuitions  on  i1k-  iu'njiAt  for  himicif  nmi  the  I'.iptain  ol'  the 
fri;j;ate.  1  enLioff  herein  :i  copy  of  ti'.oic  which  1  ha\e  jult  tranrmlttal  to  him. 
Tliey  have  hem  drawn  u\>  on  iiiLituic  exAinination  of  the  (iiitftion  ;  and  thciv^h 
my  opinion  diifers  eflTentuilly  from  that  of  the  Govfrnor  of  New- York,  I  am 
perfutulcd  that  the  Prtfulent  of  the  Unlt«\  States,  after  having  taken  into  con- 
fivieration  the  authorities  and  reaibnings  which  have  guided  nie  in  tracing  to  the 
conful  of  the  Republic,  the  conduct  he  ouc^ht  to  purme,  will  trunlinit  to  thcGo- 
vcrnor  of  N?  /-York.,  orders  worthy  ofhis  juftice  iuid  impartiality. 

GENET. 


I 


T  R  A  N  S  L  A  1'  I  O  N. 

■  ''  Philadelphia,  Junei5*h,  1793. 

2d  yc'.ir  of  the  Reiwbiic  of  France. 
7be  Citizen  Gaiety  MJmJivr  P'unipoleniiaryvflkc  Repuhlf:  of  France  ^  to  the  Citizen 

Hautcri'-je,  Confut  at  NczL-Tork. 
HAVE  read  with  great  attention,  Ci^ii/.cn,  the  report  you  tranr.niated  to  me 
on  the  1 3lh  of  tliib  month,  r.jT.l  in  which,  aftei  having  given  an  accovm*  of 
the  dilculUon  which  has  ari:en  bet\veen  you  and  the  Governor  of  Nev.--Ycrk, 
relative  to  thi;  Irigate  of  the  Jicpr.h!ic,  the  Embufcade,  you  piv.irnt  for  my  i(»lu- 
tion,  in  order  to  guide  your  future  conduct,  the  following  queltion,  which  gave 
rile  to  it,  to  wit :  "  Wliether  in  a  neutral  port,  an  armed  velTei  belongiw^,^  to  a 
belligerent  povvcr,  fliould  allow  a  truce  of  24  iunirs  to  eneiny-vcfifls,  Oeiirinij 
to  go  oui:."  If  it  were  necetlhry,  citizen,  to  commence  a  poLinic  on  this  tjue.'- 
tion,  I  fhould  obferve  to  you  firft,  that  it  has  been  badly  Ifatel,  and  that  not  only 
the  duration  of  the  truce,  but  alio  the  time  at  which  it  (hall  convinenc*^  Ihould 
have  been  definetl ;  but  this  Invcillgation  is  iupeitiuous.  The  qucllion  wliich  vou 
propoli;  to  me,  citizen,  is  long  lincc  decided  by  the  European  powers,  who  have 
reguiatpd  with  each  other  vhe  piinclples  of  neutrality.  Theie  principles  may  be 
found  in  the  maiitimc  convention  of  the  northern  powers,  in  the  diifvrcni  treaties 
of  commerce  wiiich  thefo  fame  powers  have  mutually  entered  into  j  in  fiiie,  in 
thole  which  Kullla  has  concluded  with  France,  Aullria,  Portugal  and  tlie  two 
Sicilies,  and  none  ot  thele  entered  into  with  the  view  to  favor  the  navigation  of 
neutral  nations,  have  bad  the  aukwardnefs  to  make  mention  of  a  truce  to  I* 
given  by  the  armed  veiFels  of  the  pviV/ers  at  war,  to  the  inemy-vellels  of  thoib 
powers  which  may  be  found  in  neutral  ports. 

The  firlt  of  the  four  maxims  of  neutrals  vvhlch  almoft  every  nation,  England 
e:;cepted,  regards  as  the  pallatllum  of  commerce,  is  that  every  relTel  luny  navigate 
freely  from  port  to  port,  on  the  coalls  of  nations  at  war.  This  right,  ilcrived 
from  the  right  of  nature,  Is  ncccffarily  reciprocal ;  the  powers  who  have  acceded 
to  the  principles  ot  the  neutrality,  have  n^ver  conteftad  it  j  and  I  cannot  tell  you, 
citizen,  how  much  I  am  furprized  that  the  Governor  of  the  State  of  New- York, 
ftiouid  take  the  advantage  of  the  political  opinions  promulgated  by  the  United 
States,  to  fulijeil  our  veifels  of  w.ir  to  an  mdeilnite  trir.e,  which  would  be  a 
dangerous  reltraint,  contraiy'  to  the  letter,  to  the  ibiii.':  of  our  treaties,  and 
which  at  molt  could  be  required  from  aveird  of  an  ind liferent  fiate,  with  whom 
neither  obligation  nor  engagement  has  been  contraftid. 

In  the  prelent  llatr  of  things,  citizen,  all  that  the  government  of  the  United 
States  can  require,  is  that  we  commit  no  holtiiity  againit  our  enemies,  on  the 
territory  and  in  the  waters  of  the  United  Slatt's,  and  in  renewing  to  you  tlie 
order,  attentively  to  obferve  that  our  veiids  attend  to  this  reli?rvation,  1  recom- 
mend that  you  oppose  with  energy,  analogous  to  the  fentunents  of  friendOiIp 
which  we  liave  avowed  to  the  United  States,  every  att  or  every  ftcp,  whleli 
wnuld  deprive  our  veiTels,  armed  or  unarmed,  of  the  liberty  they  ouglit  to  en- 
py  in  th*."  ports  vf  \Jy  Uait^d  Stat^j,  in  virtue  of  our  ti-caties>  and  in  virtue  of 


the  only  principles  witicU  liavc  been  ciijiloniatically  cftabLfiied,  on  tiic  riglits  of 
n<Mtral  nations,  vhicti  ;!s  I  huve  ain-:uly  iiud  hi-ing  toumial  on  the  right  of 


iif 


„  „.  ,,.c,.v  ...v..^,.  .,„w^,  w.-  ^..^,. ••••  - , - 'ly  putti.,^ 

tiiL-mieives  under  the  protection  of  principles  vvhich  their  governintnt  has  always 
dilUained  to  acUnov.-lcdge,  and  which  it  hns  violated  in  all  wars,  ktcp  them- 
lelvcs  quiei  or  run  the  chaiite  of  luiling  in  tlie  prefence  of  our  foices. 

'  ■■  '        C.er:i^'uJ  co/;jbrma'j!c  to  the  ori^i/ird, 

G  E  N  £  T. 


ri>i 


T  R  A  N  S  L  A  T  I  O  N. 

Philadelphia,  i8th  June,  i79<;. 
■        '  ^ri  year  cf  the  Kcpublic. 


Citixcn  CcaC,  Minlllcr  of  the  French  Refvhtk,  io  ihr.  J'^tijo/i,  Secreinry 
of  Hiaiejor  ihc  Uuiud  Stans. 


S  I  R, 


1  HAVi'':  examined  the  corrcfpondence  which  hns  taken  place  between  you  and 
■'•  my  predeceHor,  rtlative  to  ihc  re(]\iiriiion  of  frnds  wh.ch  he  lias  made  on  the 
Feiicrnl  Goveinmcnr,  to  pay  off  certain  draughto  of  the  adminiilratcrs  of  Saint 
Domin<ijc>,  and  to  procure  provifions  for  thr'.t  colcny.     I  pay  due  rei'pect  Sii^,  to 
the  iuilri.'fs  ot   the  ob!ervati(^ns  which  you  Irniiiinitted  to  the  Citizen  Ter- 
nant,  on  the  liiliiecl  ot  this  rtviuelL  Forced  iroui  his  cii-cumfpft^tion,  by  the  pref- 
iing  inlbncts  of  the  aiimlnilhators  of  St.  Domingo,   I  conceive  that  this  re- 
♦piiiirion  muft  have  tnibarrufll'd  yuur   governnicnt    infinitely,   and   under  this 
view,  I  Icel  all  the  obligations  we  owe  you,  tcr  having,  as  you  yourfelf  exprefied 
it,  leiii  conliilled  psiitiencc  il'.an   fr'undihip,  in  yielding  to  it.     You  have  with 
p"o)),iefy  lemarked,  ^ir,    that  the  decree  which  :ipprcj  viated  for  the  ntccffitics 
ct'tiie  colonies  tour  milllous  from  the  debt  of  the  United  States  to  P'rance,*not 
b.v'ing  yet  traniiultted  to  the  i'tdeial   goveniment,    in  the  ufual  oilicial   foi'ni, 
fhould  not   have  an   application  ih  pcfitive,  fo  vietennined  as  that  which   the 
conimltiioneis  ol'  the  aeiminittration  oi   S:'.int  Domingo  had  given  it  j  and  tliat 
it  was  probal)le  the  miniltos  ot  I'rance  had  had  recourfe,  in  order  toiiipply  the 
wants  uf  tills  colony,    to  operations  of  anodur  naiure  than  thofe  which   took 
p'acc.     In  n'.ct.  Sir,  the  dtanghls  ior  \\\t  payment  of  vvhich  the  commiifioners 
of  Saint  Domingo,  prv Tied  by  impcrijus  circmv.ttanccs,  have,  in  Ibmc  degiee, 
obiiutd  tile  Citizen  Teinrnt  to  deiicnd  funds  ol  you,  have  neither  btcn  autho- 
ri/.ol  by  f lie  N^;ion.d  Convention,  nor  by  the  Executive  Council ;  and    I  niuft 
even  inioini  you,  that  I  ain  forbidden  to  ]>ay,  out  of  the  i\inds  plaa'd  at  niy  dil- 
pofal,  any  Wher  th;in  thoie  dnaights  wiiich  Ihall  havi  been  accepted  by  the  con- 
lul  La  Forefi,  in  viriue  of  orders  from  my  predectflur.     But,  on  my  arrival 
here,  I  was  infurm.'d  that  this  ccni'ul  had -received  orders  from  the   MinKier 
Pl..r.i|)Otentiary,  to  regiUer  ail  d,raughls  iHucd  by  the  in'miiiirtr-iticn  of    Saint 
Domingo,  andlo  ^ccf  tbeinoutof  the  new  tuncls  which  ti-.e  fedt-al  government 
had  provilicnally  grtmted,  on  (he  Irafis  ot  tlie  decree  of  the  aOth  JiUie,  although 
it  was  not  oiKcirliy  notified.   I  have  not  thought  proper  Sir,  to  llop   llidduilv, 
the  p.iymaV:  of  theliidra'.ights,  in  the  hope  that  tlie  mode  of  relmburnng  \our 
li^ot,  which  you  at  my  reipud,  have  laid  before  the  Prdidcnt  of  the  United 
States,  would  be  adopted  l.'y  him,    and  give  me  the  means,    ilt  to  h(Mior  the 
(haiights  itgi'.tered  by  niy  pi edeceffoi-j  tne  payment  <jf  which  had  been  oidercd 
'hv  liim — 7.0 ly,  to  provide  ac  the  lame  time,  tor  the  urgent  ncteirities  of  i'rance 
find  lK;r  nlonies  :  But    having  been  deceived  in  my  expectation   by   motives 
v.'hirh  are  tint  tor  me  to  examine,  I  Imd  niyieif  dtju'ivai  ot  the  advantage  of  co:;- 
ciliathi!^  ail  lnteail»>  uud  conitraintd  to  obey  oidy  the  tn-.pirc  of  circviii'tliUKts, 


[     39     ] 

W'ilch  prefcribo  me  to  furpenJ:  the  piynient-  of  tlie  c.;!uiiial  JraugV.ts,  an;l  to 
tmi)!oy  ti'.e  funds  (k'lfined  f(  r  their  acquittal,  to  the  picoludt  of  piovifions  for 
France  and  lier  colonies.  This  ni i-:uigcment  bir,  ncvd  not  alann  either  the! 
hearers  ot  the  rcgiitered  dr?iights,  cr  tlto^e  of  the  of  her  diuuohts  ifi'ued  and  noC 
Tv^giftered  of  the;  .uhiiiniitration  of  Saint  Domingo  und  o;hcr  ct^lov/i-js  of  the 
French  RcpuiJtjc.  The  nation  will  ci-rtainly  fc.lfil  towards  thcni  the  engaj^'- 
inentii  rontravled  hy  its  agents.  I  know  that  thty  have  dfllinec'.  p-irliciMar 
funds  Uir  rius  purpofe.  I  alfo  kno.v  that  the  colonies  have  nvjue  cona'iini.'.on* 
in  kind,  1o  uilfil  their  obligations,  and  provide  thenifclvco,  tor  a  pari:  of  viuir 
wants,  an.l  it  is  acconling  to  thefe  ideas,  that  I  have  c'etrrterniined  to  ii.ivc  in:ert- 
ed,  in  the  pul)itc  papers,  the  inclofed  information,  tiu'  i:ya\r:ion  of  which  is  to 
calm  inquietudes  of  the  bearers  of  the  di-aughts  wliich  I  ;nnohi!g>.d  tu  it^t  afide, 
and  to  encourage  the  citizens  of  the  United  iit  atcs  to  continue  to  carry  Uicccr  to 
their  bj'others  the  French  Republicans  of  the  Antilles,  whoic-  f^Ue  depends  on 
tliis  generous  oft  ;  without  which  the  French  colonies  will  be  reduced  l>y  fi- 
inlne  to  put  themlLdves  mit'er  a  governn^ent  whofe  comnjercial  principles  wc;ukl 
not  affiiivdly  be  lb  advantageous  to  the  United  States,  as  thofe  which  :\\\  ev.ligiit- 
cned  policy  and  unlimited  attachment  for  the  American  })eople  have  led  us  to 
embrace.  GENET'. 


Citizen  Genet  Minijlcy  Plenijofc'/itiary  of  the  French  Republic,   to  the  Citizens  of 

the  Un.ii-d  States, 
vyHEREAS  fcvcral  American  citizens  who  have  furniflied  proviiions  to  tlw 
^"  colonies  of  the  French  n'public  in  the  Welt-Indies,  have, received  bills 
ilrawn  by  the  adnfiniitratorsof  ihe  rel'pe^tive  colonics  on  Oitizen  La  Forth,  lute 
Conful  General  of  the  Republic  in  the  United  States,  and  lately  on  myielf,  in 
payment  for  liich  fnpplies.  I  ini'orm  them  that  thefe  draughts  will  certainly 
be  paid,  the  National  Convention  having  appropriated  large  limis  for  that  ol)- 
jet^l:.  But  vs  I  am  not  yet  authorized  todifcharge  them,  lean  only  in  the  meui 
>vhile,  advice  the  holders  of  inch  bills  as  have  not  yet  been  reglllcredby  Citizen 
La  Forell,  to  have  them  recordetl  in  the  office  of  Citizen  Dupont,  Conlul  of  the 
French  Repiiblic  at  Philadelphia,  in  order  to  aibertain  the  dates  of  their  pre- 
leutation  }  at  the  fame  time  I  cannot  too  much  encourage  the  citizens  of  the 
United  States,  to  continue  to  aniit,  with  unremitting  exertions,  their  rejmblican 
bretlu-en  of  the  French  We(t-Indies,  whole  exiltence  from  the  liberal  principles 
adopted  by  tjie  National  Convention,  with  regard  to  ihe  colonics  of  the  Frencli 
Republic,  mult  eflentially  contribxite  to  the  proi'perity  of  the  United  States. 
The  American  citizens  may  reft  allured,  that  the  moil  eftlcvuious  ineafurcs  have 
been  taken  as  well  in  France  as  in  the  colonies,  to  prote(.''l  their  property  in  all 
the  ports  of  t!ie  Republic,  and  to  enfure  to  them  a  prompt  payment  for  their 
fupplics  in  calh  or  in  merchandize,  and  at  the  fame  time  to  lecure  to  them  the 
enjoyment  of  thofe  favors  which  the  Nation;-.).  Convention  has  lately  granted  to 
the  citizens  c'.'  the  United  States,  which  afilmilate  them,  in  refpeft  to  conuneicial 
advantages,  to  the  citizens  of  France. 

PhUoiielphia,  June  17,  1793,  zdycar  cf  the  French  Rcpujiic, 

Philadelhia,  June  23d,  1793. 
Air.  'Jcffetybn,  Secretary  of  State,  to  Citizen  Ge/ul,  Minijler  rienipoleutii^rj  of 
„  v.^„  „  Francg. 

Sir, 

■J  N  anfwer  to  your  letter  of  the  1 "  th  inftant,  on  the  fubjixT.  of  the  bills  drawn 
•*  by  the  adminiitration  of  St.  Domingo,  in  favour  of  certain  citizens  or  the 
United  States,  I  am  inltructed  to  inform  you,  tliat  the  funds  therein  meiuionetl 
have  been  ib  clearly  uudullood  ou  all  hancls,  to  be  fptcially  appropriated  for  the 


E'! 


'1 .' 


r  40  1 

psy.T^rif  of  th»  hlll;i,  which  v.'cre  rccogni/ecl  by  llie  fciT.icr  afjcnts  of  France 
Ilea',  as  to  be  incapabio  ol  htivi-j  tUvevtciU  without  dii'appointjng  the  jull  expe<5la- 
tions  orour  citizt'iis,' lioUkrs  vt  thoiebHIs.  t 

:  liJtUxd  the  s^ovcrnincut  baa  lieea  Jo  muciia  party  in,  cc«.intenar.cu;g  tbofe  eXr- 
pcilib'i'.ons,  asj"  in  lucli  an  event,  to  lie  under  an  obligaticn,  in  point  of  prd- 
prietv,  to  ibtisfy  tlie  parties  tiiefiiiialvcs  tothetxitnt  otithe  balance,  which  yet 
rcniuina  to  be  ?tdv;ince!.l.       i       .    ■  ■  i'"^'  ^' 

f,f:i  Vr-xi'l     ' .J.ha.'ve  the  kon;»r  to  ItCy  •^Uh  grsat  and fncere  eficem^ 


iMiao'j    3.'.  i. 


.Jq-K-) 


?t.;i;.  lil.W>J    ,»L>j"l'.!"!.' 


Sir, 


>\\ 


juw  me  si  obedii:nt  and       Iii 
most  butnhle  fervant,     '■ 
TH:    JEFFERSON. 


,.,.,..  „, ^  ,  fr.o,';;  «• '  '>'   ■'•  •(•»,";::  '»!j         Philadllpiua,  June  33d,   1793; 
Mr.  Jeffirfon,  Secretary  ofStaUt  to  Cilizen  Genet,  Minister  Pknipolentiary  of 

"?:■■',>/■,:  "-•'^  i-rs'-  :         .  .  •  .    ■■■.     irance.         .      .  .  ■..   .,,,    ■  ,  .    ■:•; 

T  HAVE  the  honor  to  inform  you,  that  in  ccnfcquence  of  the  general  orders 
■*■  given  by  the  Prefn-lent,  a.  privateer  iitted  out  !jy  EngliAi  iubjcels  within  the 
flnlvr  of  Georgia,  to  cniize  againit  tlie  citizens  of  France,  has  been  ieized  by  the 
Governor  or  Georgia,  "nd  tuch  lcp;al  prolecutions  are  ordered,  as  the  cafe  will 
juttiry.  I-  beg  you  to  be  aihircd,  that  tlie  gcvernmcnt  will  ul'e  the  utmoit  vigi- 
lance, to  fee,  that  the  laws,  which  forbid  theie  entci^prizes,  are  carried  into  execu- 
tion. ■   ti  ■■         1  have  the  honor  to  be,  -joith  great  cmdjlncere  esteem,  •' 

Sir,  your  7nost  obedient  and      •'•''.' 
•  i)i,,f" '■  >■ ''•        ■•,-'"'     .        '    >  .'         '  most  humble  fer'vaiffO 

J. -4  Ml  TH:    JEFFERSuNJ 


.ij'' 


■:.;l' 


Si  r, 


■     TRANSLATION. 

Philadelphia,  *  January  25th,  17513.* 
ad  year  of  the  Republic  of  Fiance. 


T  LEARN  with  Infinite  pleafurc,  by  your  letter  of  the  13d  of  this  nwnth, 
tiiat  the  government  of  Georgia  have  cauied  to  be  ttoppcci  a  vcfTel  armed  itt 
that  Itate,  tor  tlie  purpofe  of  ciuifmg  againft  the  French,  i.nd  that  the  perlbns 
infercited  in  this  veflel  will  be  proiecuttd. 

It  .is  to  be  wifhed,  Sir,  that  the  fame  watchfulnefs  and  firmnefs  may  be  eik* 
ployed  in  all  the  Hates  of  the  union  ;  for  you  will  obferve  by  the  encloi'ed  reports 
of  the  confids  ct'  the  republic  at  Charledon,  at  Baltimore,  at  Philadelphia,  and 
at  New-Yoi'k,  that  many  tncniy-velfels  have  been  armed  there,  have  entereji 
armed,  remained  there,  and  have  gone  out  from  thence  armed,  in  contempt  oF 
our  treaties  5  whlUt  in  virtue  of  mftrucllons  from  the  Prtifident  of  the  United 
States,  the  French  adventurers,  who  have  bc^n  able  to  put  thtmleives  in  a  Itat* 
of  defence,  in  the  ports  of  their  allies,  in  or«.ier  to  go  out  without  danger,  and 
to  fulfd  otherwil'e,  according  to  clrcumltances,  the  duties  of  "a  citizen  againit 
^e  uiemies  of  the  itate,  are  purlued  with  rigour. 

Accept,  Sir,  my  esteem  and reJl>cSly-'-t'.^\ 


V  I  ■>','.;ij  1  i.j  «;."•.'.  ;j."  / 
.  v;;d  i::n'i{\\  ti;i!)  ooiiK. 
^;i>  ISvh     lid    J^-.t   •;<'' 


. ..  ,r.'iu...  ».<  G  E  N  E  T« 


11!  ^■^». 


Philadelphia,  a 5th  June,  i793>v'  ;i:' 
2d  year  of  the  French  K<"pubbc. 
Extract  from  the  reports  of  thfConfuls  ondyice-Connits  of  the  trench  Republic 
tit  Charleston,  Rmtimrs,  Philadelphiu  ami  Ne-M-York,  to  Citizen  Genet, 
CVfARLKsroN,  from  the  24.th  May  to  6th  June. 
A   BERMUDL^N  velfel  has  pUrchaied^.  cannon  in  this  poit,  to  prote^^  her 
in  retih-nin;.i;. — A  Dutch  nlfel  wiiich  entered  this  port  without  guns,  has 
feiledvvith  14 — Englilh  v^lfcU  havt  beui  in  like  manner  anmd  here.  •■  • 

•  Jn  err $r  for  June. 


IS' 
m 


t     41     J 

T   ■      :  .       •    '         Baltimore,  ai ft  June. 

Ajrf  Englifli  vedel  called  the  Thilty,  Captain  Hale,  has  been  publicly  artr.«<i 
is  a  privateer  in  this  port,  by  Mr.  *Hirla!id  of  this  city.  The  Vice-Con- 
ful  has  complained  of  it  to  the  G»verner  and  Attorney-General  of  the  Itate  of 
Maryland.  .      . 

pHiL-^DELPHiA,  iift  June,  17^'ii 

A  BERMUDIAK  velTc-l  beldngiitg  to  the  liihjefts  of  the  King  of  England,, 
mounting  12  cannort,  purohafed  in  this  city,  failed  on  the  zd  iiilt.  There  haa 
failed  fome  days'  before,  an  EnglilTi  anned  veilel  of  4.  guns.  The  conful  had 
hot  been  informed  of  them  bet'oie  the  date  of  this  report. 

Nsw-YoRK,  iSth  June,  1793. 

THE  Swallow,  an  Engliih  letter  of  marqut,  commancfed  fcy  Capt.  Sion, 
armed  with  8  cannon  and  xo  men  at  lead,  and  appearing  to  be  about  i  50  tona 
burthen,  has  anchored  Co  long  in  this  port,  as  to  exclude  the  idea  of  hei-  having 
entered  in  diftrefs,  though  the  i  7th  article  of  tlie  treaty  of  commerce  between: 
France  and  America,  formally  excludes  from  the  ports  of  both,  the  enemy  veflels 
who  fliall  have  made  prizes,  and  every  Englifh  privateer  which  enters,  is  autho- 
rized by  the  Englifli  govenment  to  take,  bum  anddeftroy  our  velfels. 

It  has  always  remained  a  queftlon,  whether  an  armed  vefiel  of  that  nation  on 
entering,  has  eitecuted  thofe  orders  or  not;  The  conful  Hiuterive  has  tranf- 
mitteJ  thole  obfcrvations  to  the  Governor  6f  the  ftate  of  New-York,  giving 
him  to.umlerftand,  that  every  veflel  armed  for  war,  and  belonging  to  our  ene- 
hlies,  being  fiibjeft  to  the  exclufion  contained  in  our  Conventional  laws,  fhould 
be  obliged  to  go  out  of  the  port  of  New -York. 

Other  reports  have  come  t«  the  knowledge  of  Citizen  Genet,  by  ihdireft  chan- 
helsj  that  feveral  other  armaments  have  been  made  by  the  enemies  of  the  Repub- 
lic in  American  ports,  and  that  thofe  veflels  have  taken  on  board,  without  cp- 
polition,  a  great  number  of  tories,  citizens  of  the  United  States,  while  fome  good 
whigs,  friends  of  France,  who  have  taken  part  in  her  caufe  on  board  her  veiitls, 
have  been  arrelted  arid  thrown  into  priibn,  whence  the  Citizen  Genet  has  not  yet 
been  able  to  liberate  them  without  lecurity. 

C  atifiec.  conformable  to  the  reports  which  have  been  made  to  me  the  Mmif- 
4er  Plenipotentiary  of  the  Republic  of  France. 

Philadelphia,  Jime  soth,  1793. 
Mv'  J^fferjotti  Secretary  of  State,  to  Citizen  Genet,  Minister  Pleuipoientiary  <f 

France.  ~"~ 

,  Sir,  , 

HAVE  to  Acknowledge  the  receipt  of  your  favour  of  the  15th  Inftant,  on 
the  fubjeft  of  veflils  belonging  to  the  enonies  of  France,  whicli  have  procured 
arms  within  our  ports,  foi:  their  defence.  Thole  from  Charlefton  and  Phila- 
delphia have  gone  off  before  it  was  known  to  the  government,  and  the  former, 
indeed  in  the  firft  moments  of  the  war,  and  before  preventive  mealiires  could 
be  tafc^n  in  fo  diltant  a  port.-  The  day  after  nay  receipt  of  your  ktter,  the  com- 
tnunications  no\v  enclofed  from  the  Governor  of  Maryland  came  to  hand,  and 

{•revented  our  interference  on  the  fubjeft  of  the  Truliy,  Capt.  Hale,  a  velTel 
oaded  With  flour  and  lumber,  and  bound  to  Barbaidoes.  You  will  peiceive  by 
the  papers  that  the  Governor  of  Maryland  had  got  informaition  that  flie  was  buy- 
ing guns,  and  had  given  orders  for  the  examination  of  the  taft,  but  that  fhn 
got  off  before  tlie  officer  could  get  on  boafd,  having  cleared  out  three  or  four  day# 
efore.  It  appears  that  fhe  was  of  300  tons  burthm,  and  liaJ  mountetl  +  Imnll 
guns.  The  cafe  of  the  Swallow  '\%  different  from  any  thing  which  has  yet  been 
prefented  to  the  Prefident,  which  fliall  be  fubmitted  to  him  on  his  return,  and 
no  dgubt  will  meet  hi*  eaiUeft  attention  and  decifion. 

/  have  the  honor  to  he,  C^c.        * 
f  Suppofed  Ireland,   ,  TH:   J  ii  F  F  E  i<  S  O  N. 


I 


w 


') 


[  4»  ] 


■m 


'll 


Ik-l 


.i 


M 


Exit' A  ft  oj  a  let  ttr  from  the  Go'vernor  of  Maryland,  to  the  Secretary  at  IF^r^ 
"^      "     "  "Maryland,  Annapolis,  June  2*2,  1793. 

"  IN  COUNCIL. 

«'SlR, 

**  'T'HE  inclofed  copies  of  a  letter  v/rltten  by  t'uis  board  to  the  collci'^or  of  the 
JL  cuftoms  at  the  port  of  Baltimore,  and  of  the  anfwer  thereto  which  wc  have 
juft  received  from  his  deputy,  will  fufficiently  explain  the  firft  cafe  which  has 
feemed  to  call  for  our  interference  finct-  the  receipt  of  your  cominunications  re- 
ipe6ling  the  fitting  out  of  iightinjj  vefllls  v.ithin  our  jiirilUiftion. 

"  You  will  fee,  Sir,  that  moft  probably,  through  a  (tep  not  contemplated  by 
us,  that  of  the  officers  applying  to  Mr.  Ireland  himfelf  for  tlie  information  wo 
defired,  the  fliip  has  got  out  of  our  reach.  We  can  therefore  only  endeavour  to 
be  better  prepared  for  future  occurrences  of  this  kind,  which  v^e  are  told  may 
fee  cxpefted  at  the  fame  place." 

(Copy)  IN  COUNCIL,  20th June,  1793. 

Sir,  ' 

A  REPORT  has  reached  this  board,  that  a  Briti  fn  fliip,  configned  to  Mr. 
■^^  Ireland,  is  preparing  for  fca  in  the  port  of  Baltimore,  and  is  to  mount  1 2 
pieces  of  ordnance,  which  flie  did  not  bnng  into  the  country,  and  which  as  if, 
appears  to  us  cannot  be  carried  from  hence  to  any  of  the  ports  of  any  of  the  Eu- 
ropean powers  at  war,  without  a  deviation  from  the  neutrality  proftfled  by  the 
United  States,  even  fuppofing  that  no  uCe  is  in(enicied  to  be  made  of  them  by  the 
way  J  but  as  thofe  guns  aru  not  taken  as  an  article  of  merchandife,  but  are  ac- 
acording  to  our  info)•mat•^n  mounted  profeflally  for  tlie  defence  of  the  -  e/Tcl,  wt 
can  by  no  means  be  certain  that  they  are  not  alio  dcfigned  for  otfenfive  meafures  ; 
on  which  fuppofition  it  would  become  our  duty  to  interfere  effectually,  fo  ai  to 
prevent  the  departure  of  the  fhip,  until  the  Prdidcnt  could  btj  made  acquainted 
with  the  circumlLinccs.  Our  information  is  at  prefent  too  vague  to  form  a  liif 
ficicnt  ground  for  an  immediate  interi'erence.  Wc  therefore  make  it  our  re- 
queft,  that  you  would  immediately  on  the  receipt  of  this  letter,  collcft  all  the 
lacls  you  can,  with  regard  to  the  arming,  loading,  manning  and  deftination  of 
this  vcflel,  and  without  lol's  of  time,  trunfmit  to  this  board  the  refult  of  your 
enquiries,  in  order  that  we  may  then  determine  whether  this  comes  within  the 
tlcicriptioir  of  cafes  in  which  wc  arc  initru61ed  by  the  executive  power  of  the 
United  States  to  interfere. 

W'e  are  Sec. 
(Signed)  mOMAS  S.  LEE. 

To  the  CoUeSlor  of  the  Customs  at  the  fort  of  Balt'imorc,  , 


Baltimore,  June  21,  179^ 
His  Excelkji'x  Thomas  S.  Lee,  Efqmre. 
'T'HE  colle^or  of  the  cuftoms  being  abfent  in  the  country  for  the  benefit  of  hi» 
health,  I  have  the  honor  of  receiving  yourexcellency''s  communications  refpeiJl- 
Jng  a  Britifh  fl)ip  faid  to  be  preparing  for  fen,  in  an  offenlive  fituation,  incon- 
liltent  with  the  tenor  of  the  Prelulcnt's  procki' nation,  and  the  neutrality  of  the 
United  States. 

I  preliime  that  the  Hiip  Trudy,  John  A.  Hale,  mafter,  is  the  veffel  alluded 
to  J  (he  arrived  at  this  port  from  Earbadoes,  on  the  firlt  day  of  March,  and 
cleared  for  the  fame  illand,  on  tl:e  leventeenth  of  the  prelent  month,  her  carg# 
confilting  of  fiour  and  hunbcr. 

Mr.  Ireland  informed  mc  that  fhe  mounts  four  fmall  guns,  that  her  ciew  con- 
fided of  twenty  men  when  flie  arrived,  and  that  (he  had  not  more  than  feventeoP. 
•n  board  whea  ihe  cleared.    She  is  upwards  of  three  hundred  tons  burthtm. 


I    43     1 

Vague  report,  however,  differing  from  the  preceding  account,  I  determined 
•♦o  go  on  board  the  ihip  tor  the  pui-pole  of  obtaining  accurate  information,  but 
was  prevented  by  her  getting  under  way  and  proceeding  down  the  river,  ©n  h^u* 
intended  voyage. 

I  Ivii'e  the  honor  to  be  jour  Excellency  s 

-very  hianble  Jh-'vantf 
(Signed,)  D.    DELOSIIiR,    Deputy-CoUcdor, 

His  Excellency  Thomcu  S.  Lee,  Efq.  Go-vernor  of  Maryland,  ,._^ 


Philadelphia,  June  25,  1793, 
^i"'  J'^ffi^rjon,  Secretary  of  State,  to  ike  Minister  Plenipotentiary  from  the  Republic 

of  France,  to  the  United  Stales,  -..v-^--- 

S  I  R, 

TN  the  ablence  of  the  Prefidait  of  the  United  States,  I  have  confiilted  with  th« 
■'■   Secretaries  of  the  'I'reaiury  and  Wai-,  on  the  luhje6l  of  the  fliip  William,  and 
jf.enerally  of  vcffels  fuggefted  to  be  taken  within  the  limits  of  tfv.'  prote^ion  of, 
the  United  States,  by  the  armed  vclTels  of  yovir  nation,  concerning  which  I  had 
the  honor  of  a  convrrfatloji  with  you  yefterday,  and  wc  are  fo  well  allured  of  the  ^ 
Preiklent's  way  of  tliinking  in  ihcfe  cafes,  that  we  undertake  to  lay,  it  will  be 
more  agreeable  to  him,  that  fuch  velTcls  Ihould  be  detaiticd  under  the  orders  of 
yourfdf,  orof  the  coniuls  of  France  in  the  il'veral  ports,  until  the  government 
of  the  United  States  I'hall  be  able  to  cnquii-e  ir.to,  ami  decide  on  the  faft.     If  thi& 
aiTaiiL;<  nunit  llioidd  he  agreeable  to  yen,  and  you  will  be  pleafed  to  give  the  pro- 
per oicl< rs  to  the  feveral  coniulx  of  your  nation,  the  governors  of  the  fcvcral 
ihites  will  be  immediately  inftrucled  to  dcfire  the  conful  of  the  port,  to  detaia . 
velfcls  onwliofe  behalf  fuch  lugg>.-llions  fliall  be  matle,  until  the  govennnunt  Ihall. 
decide  on  their  caie.     It  may  Ibmetimes,  perhaps,  happen,  that  fuch  velfels  are 
I'lought  into  ports  wliere  there  is  no  conliil  of  your  nation  refident,  nor  v/ithiix 
any  convenient  diftance.     In  that  cale,  the  governors  would  have  to  proceed  to 
fciie  ai31  of  detention  themielves,  at  leail  until  a  conlul  may  lie  called  in. 
/  bii've  the  honor  to  he,  ivilh  tnuch  refptSi,  Sir, 
Your  most  obedient,  and  niojt  kuntble  fer^vcmt, 

(Signed)  TH:    JEFFERSON. 

TRANSLATION. 

Philadelphia,  a'jth  June,  1793, 
*.  2d  year  of  the  French  Republic. 

'Jle  Citizen  Genet  Minijhr  PL-iiipofentiary  of  the  Republic  of  France,  to  Mr.  fef~ 
ftrfon  Secretary  of  Stute  of  the  United  States, 
Sir, 
n^HF,  letter  which  you  havi' done  nie  the  1\onor  to  write  fmce  the  departure 
-*     of  the  Prc'iident  of  tlve  United  States,  contains  dilpo/itions  worthy  of  youv, 
wliduin,  and  ol  the  rcntinu'Uto  which  chainiF^'rlR'  you.    The  an'angement  which 
you  propole,  Sir,  fulls  us  in  tvay  ixfpr^it  :   I  ihall  communicate  them  to  the 
tonfuis  and  vice-confuUof  the  Rtpvibllc,  and  in  recomm.ending  them  to  conform 
to  them,  I  (IkUI  add  to  the  inllrucUons  already  given  on  the  fubjecl  of  prizes,  new 
regulations,  the  rigid  execution  of  whicii  will  prove  to  the  federal  government, 
that  we  regaii!  it  as  the  lirft  of  our  duties  to  refpeft  all  the  rights  of  fovcreignty 
of  the  United  States  }  t^^  undertake  nothing  that  may  be  difagrex'jible  to  them, 
and  to  unite  all  our  efforts  to  perpetuate  and  to  cement  more  and  mor«  ths  con* 
•cflioa*  which  fo  happily  unite  our  twg  Republics. 

GENE  T. 


;> 


i 


^:l 


f:\ 


1 1 

:'  I'. 


C     4+     1 

■'?.->'!!,;       Philadelphia,  June  a9th,  X79;, 
ifr.  Jejferfont  Secretary  of  State  y  to  the  Miftijidr  Plaii/cieaiiary  of  FraKU. 
■•"'     Stu, 

rpHE  perfons  who  reclaimed  the  fhjp  William  as  taken  within  the  limits  of 
•*•  the  proteflioi  of  the  United  States,  having  thought  proper  to  cany  their 
.claim  iirft  into  the  coufts  of  admiralty,  there  wa^  iio  power  in  this  country 
which  coiUd  take  the  veffel  out  of  the  cuftod^'  of  tliat  court,  till  it  ftiould  dccidip 
itfeif  whether  it  had  jurifdiftion  or  not  of  the  caufe  j  having;  now  decided  that  it 
has  not  jurildifikion,  the  iame  complaint  is  lodged  with  ti.e  ex;ecutive. 

I  have  the  honor  tbenclol'eyou  thetcftimcny  whereon  theconiplaiat  is  found- 
ed. Should  this  fatisfy  you  that  it  is  juii,  you  .will  be  lb  good  as  to  give  order* 
to  the  coniiil  of  France  at  this  port,  to  take  tiie  veHtl  into  his  cuftody  and  de- 
liver her  to  the  owners.  Should  it  be  over-weighed  in  your  judgment,  liy  any 
contradiftoiy  evidence,  which  you  have,  or  may  acquh'e,  1  will  afk  the  favor 
of  a  communication  of  that  evidence,  and  that  the  conlul  retain  the  vefiel  in  hi? 
)cuftody  until  the  executive  of  tlie  United  States  confider  and  decide  finally  on  the 
liibjeft.  ,  „ 

jf  ba've  the  boner  to  he  nv'ith  much  refpeBy 
0- T;r  i  )^•M•rI  r."-    nv,r.-n;^   ;(;m'i  ;i  j-i  '       Sir,  your  most  ohedient  and 
jit,'-:-  ' '-  ,  -ii     '■    :;'•'■•  ,f  f  i  .I^■i.'  i'f'i  it  most  humble fer-vant, 

V«-:-r  J  M.   ?,■■„'<•''-'•,■-:.    i.-;/i:,,,r':     .'^'yJ-        T  H:     JEFFERSON. 


/.i■^ 


!0f 


■..C|:.- 


'     Maryland,  Saint  Mary^s  County,  jf,  '■  ' 

|)ENEDICT  WHEATLEY,  of  Saint  Maiy's  regul?rly  admitted  and  quali^ 
■^  fied  as  a  branch  pilot  for  the  Chefapeake-Bay,  and  r'otowmac  river,  beinpr 
duly  iwoiii,  depoltth  and  fayelh,  that  on  Friday  the  third  day  of  May  laft  palt, 
being  on  the  look-out  for  inward  bound  veffds,  fell  in  with  the  (hip  William, 
James  Leggat,  matter,  fi'om  Germany,  bound  to  Pciowniac,  about  nine  mile* 
to  the  eaftward  of  Cape  Henry,  he  immediately  took  charge  of  the  fhip  as  pilot| 
and  after  being  on  board  for  one  hour,  and  i-unning  into  the  mo\ith  of  the  bay^ 
with  a  leading  wind,  a  fmali  ichooner  hove  in  fight,  coniing  out  from  the  capes, 
flie  run  up  along  fide,  fired  one  guv.,  and  hailed  the  fiiip  j  capt.  Leggat  hoiited 
his  Englilh  enfign,  on  which  he  was  ordered  from  the  fchconer  to  Itrike  5  the 
colours  after  fon\e  time  was  hauled  down,  and  a  boat  from  t!ie  ichconer  with  a 
lieutenant  and  fix  or  leven  men,  came  on  board  and  took  pofleiiion  of  the  fliijj, 
as  a  prize  to  the  fchooner  Cinciimatus  ;  a  prize  mafter  was  ordered  on  board, 
apd  all  the  hands  of  the  (hip  were  put  on  boaixlthe  iiphooner,  ejccept  the  carpen^ 
ter  and  two  or  three  hands. 

After  the  capture,  an  enquiry  was  made  of  the  deponent  w4iat  courfe  woul4 
cleai'  the  middle  ground.  The  neceiTary  information  was  given,  and  he  the  de? 
ponent,  after  being  offered  a  confiderable  reward  to  carry  the  (hip  to  Philadelphia, 
declined  it,  and  wis  put  on  board  a  pilot  boat  that  came  alongfide  at  the  time. 

The  deponent  further  fayeth,  that  ^e  underftood  from  the  captors,  that  the 
fchooner  was  from  Charlefton,  South-Carolina,  and  commiffioned  at  that  place 
by  the  French  AmbafTador,  lately  aniveil  from  France  j  that  the  captain,  whom 
the  deponent  did  not  lee,  was  laid  to  be  a  Frenchman,  but  all  the  men  that  board- 
ed the  (hip  appeared  to  be  Americans  or  Englifli.  She  mounted  four  guns  and 
carried  about  fifty  men,  he  further  i'ayetb,  that  at  the  time  tlie  fliip  was  boarded, 
the  diilance  from  the  (hip  to  the  light-houfe  on  Cape  Henry,  did  not  exceed  five 
miles  at  the  utmoft.  The  deponent  enquired  what  diilance  from  the  land  they 
were  authorizetl  to  take  prizes,  he  was  anj'.v';red  not  lei's  than  nine  miles,  on 
which  he  replied  that  the  Ihip  at  the  time  of  capture  was  not  half  that  diftanca 
/rom  tlie  light-houfe,  on  Cape  Henry.  his 

BENEDICT  ^  WHEATLEY, 


a-.*  '-.Uirf.i 


t  mai'ki 


U-iXi 


■;OiU    lU  Vi:;;! 


I    45    1 


Sworn  beibre  me  tbe  fubfcriber  one  of  the  juftices  of  the  peace  for  the  county 
and  ftate  aforeiaid,  this  eighteenth  dayof  Maj^  one  thoufand  leven  hundred  and 
iiinety-threc. 

^.  ^■.•"r-v.'rr^^R  "•.•■'■    //  -aiii  -^.it  h-nifj^'       M.-  JONES.    (% 

State  of  Marjiandt  Saint  Marfs  County t  to  nvit : 

Thefe  are  to  certify  that  Mordecai  Jones,  Elquire,  before  whom  the  within 
depofition  was  made,  and  who  in  witnelii  thereto  appears  to  have  iubfcribed  hie 
name',  was  at  the  taking  and  lubrcribing  the  fame,  and  now  is  one  of  the  juftices 
of  the  peace  of  tiie  ftate,  and  for  the  jcounty  aforefaid,  thereunto  duly  authorifed, 
commiflione''  and  fworn,and  that  to  all  certificates  of  probates  before  him  made, 
and  by  him  figned,  due  faith  and  credit  is  and  ougnt  to  be  given,  as  well  in 
juitice  court  as  thereout. 

In  teftimony  whereof  I  have  hereunto  fet  my  hand  and  affixed  tlic  public  feal  ■ 
of  office  for  Saint  Mary's  county  court,  this  twentieth  day  of  May,  annoque 
Domini,  gas  tlipu^ind  f^ven  bjindred  and  ninety-three. 

TIMOTHY    BOWES,  eierk of    ' 
Saint  Mary's  County  Court,    ■.  Li* 


ij'j. 


BY  this  public  inftrument  of  protell  be  it  made  known  and  manifeft  unto 
all  who  Ihali  fee  thefe  prefents,  or  hear  the  fame  read,  that  on  the  eighteenth 
<lay  of  May  in  the  year  of  our  Lord,  one  thoufand  fe\'en  hvmdrcd  and  ninety 
.three,  before  me,  Asfheton  Humphreys,  notary  and  tabellion  public,  in  and  for 
the  commonwealth  of  Pennfylvania,  by  lawful  authority  duly  admitted  and 
fwom,  dwelling  in  the  city  of  Philadelphia,  in  the  faid  commonwealth,  per- 
fonally  appeared  James  Legget,  late  mafter  of  the  (hip  William,  now  in  thi«' 
port  of  Philadelphia,  John  Whitefide,  late  chief  mate  of  the  faid  (hip,  James 
Kamfey,  iecond  mate,  and  James  Manlbn,  boatfwain,  belonging  tg  the  faid  (hip, 
and  being  feverally  fworn  on  the  Holy  Evangelifts  of  Almighty  God,  did  I'efpec- 
tively  depofe,  teftify,  declare,  and  fay  in  manner  following,  that  is  to  lay,  that 
on  or  about  the  fixteenth  day  of  Februaiy  laft,  tliey  failed  in  and  with  the  faid 
fhip  from  Bremen,  upon  the  river  Wefer,  with  the  wind  at  north-eaft,  bound 
on  a  voyage  to  Maryland,  in  North- America,  and  on  the  twenty  iecond  day  of 
the  fame  month,  came  to  an  anchor  at  Stramnefs,  in  theOrcanes,with a  contrary 
wind,  that  on  the  twenty  fevtjnth  day  of  March  lait,  they  failed  from  Stramneu 
aforefaid,  with  the  wind  at  fouth-eaft,  and  on  the  twenty-firft  day  of  April 
laft,  the  wind  blowing  ve.y  hard  fplit  the  forefail,  which  obliged  diem  to  lay 
the  (hip  too  with  the  reefed  main-fail,  the  wind  being  at  welt  and  by  fouth, 
that  on  the  twenty  ninth  day  of  April  aforefaid,  being  then  in  the  latitude 
thii'ty-fix  degrees  thirty -fix  minutes  north,  a  heavy  gale  of  wind  blowing  from 
the  fouth-e^ft,  fplit  the  main-top-fail,  and  on  the  third  day  of  May  inftant, 
at  two  o'clock,  Pf  M.  they  got  a  pilot  on  board,  and  at  four  o'clock,  P.  M. 
of  the  fame  day,  the  faid  (hip  being  then  about  two  miles  off  the  iight-houie 
at  Cape  Henry,  in  five  fathom  water,  and  as  near  the  (liore  as  the  pilot  on  board 
judged  it  proper  to  go,  the  privateer'  fchooner  Genet,  commanded  by  Peter ' 
Joanna,  from  Charlefton,  fired  one  gim  at  the  faid  (hip  William,  and  defired 
them  to  hawl  down  their  colours  and  heave  the  (hip's  head  to  the  eaitward,  the 
faid  light-houfe  then  bearing  well  north-weft  ;  that  the  commander  of  the  faid 
privateer  then  took  out  of  the  faid  (hip,  the  laid  mafter,  chief  mate,  fecond  mate» 
boatfwain,  four  of  the  feamen  belonging  to  the  laid  (liip,  and  one  paflfengcr^  all 
of  whom  were  put  on  board  the  faid  privateer,  and  a  prize  mailer  and  feven  peo- 
ple were  put  on  board  the  faid  (hip,  and  the  faid  fliip  fent  up  to  this  port  of  Phi- 
ladelphia, where  (lie  now  lays,  and  theie  appearei-g,  with  the  lh,id  priirateer,  ar- 
rived at  this  port  of  Philavklphia,  the  fourteenth  day  of  May  inftimtj,  at  about 
four  o'clock  in  the  morning,  fince  wliich  they  have  been  let  one  by  one,  alter- 
nately on  (hore,  until  this  day,  when  all  of  them  being  on  fliore,  tliey  took  ths 


pp 


( 


I 

v!  i 


I 


i 

i; 


auu  year  i 

TAME 
JOHN 
TAME 


[    +6    ] 

•pportunity,  it  being  tht?  firft  tliey  have  hacl,  of  protcftJng  againft  the  capture 
<ji' che  f.iid  fliip  WilUani.  Wheictbre  the  laid  James  Leggct,  J«hn  Whitefidc, 
Jiunes  Raiiilcy,  and  James  Manfon,  for  themii-lves,  their  owners,  freighters, 
merchants,  mariner^,  and  all  others  interefted  or  concerned  in  the  faid  fhip,  or 
htr  cargo,  have  protelted,  and  by  theie  j>refents  do  Ibkmiily  proteft  againft  tl\e 
capture  of  the  faid  flnp  William,  by  the  faid  privateer  fchooner  Genet,  and 
s^-ainlt  all  loftcs,  colts,  charges,  damages,  breaches  of  bills  of  lading,  contrafls, 
covenants,  and  agi'cements  whatlbever,  already  lufFeretl,  fuftalned,  or  occafioned, 
<Jr  which  fhall  or  may  hereafter  be  futfered,  fuftained  or  occafioned,  by  reafon  or 
means  of  the  premiie*  and  againlt  all  incidents  and  confequence  thereof,  and 
jwiilling  in  the  laid  proteft,  they  the  faid  mafter  a»d  other  apjwarers  have  let 
their  hands  hereunto,  the  day  and  year  firft  vi'ithin  written.  Thus  done  and 
wottrtcd  at  Philadelphia  aforciaid,  the  day  and  year  aforefaid. 

'■'eslegget, 

whiteside, 
.       es  ramsay, 
}ames  man  son. 

(L.  S.]    S!uoJ  attejfor  manu  etjigillo  rogatiu. 

ASSHETON  HUMPHREYS,  Nofarius  PuMuus,  179^ 

I  the  within  named  notary,  do  hereby  certify  and  attelt  unto  all  wh.om  it  dolh 
or  may  concern,  that  the  foregoing  writing  doth  contain  a  juft  and  true  copy 
cf  an  original  proteft  taken  and  made  before  me  the  faid  notary,  and  remaining 
of  record  in  my  notarial  otfice,  in  the  city  of  Philadelphia,  and  that  I  have  care- 
fully compared  the  faid  copy  with  its  original,  lb  femaining  of  record  in  my  faid 
office,  and  find  it  exactly  to  agr^e  therewith. 

In  teftimony  whereof,  I  have  hereunto  let  my  hand  and  affixed  my  feal  of 
office  of  notary,  at  Philadelphia  aforef»id,  this  twenty-third  day  of  May,  lit 
the  year  of  om-  Lord,  one  thoufand  feven  humlred  and  ninety-  three, 

A  S  S  H  E  T  O.N  HUMPHREYS,  Nottcriih  Puhlicus  1753. 

,f   .,     .1.  ;  ■      .    — — — — — 

Philadelphia,  June 29th,  1793. 
Mf'  J-j^if'fon  Secretary  of  State  y  to  the  Mutisttr  Pleiiijwte/ituirj)  of  Fraiuc. 
Si'fe,-"''' 
A  COMPLAINT  is  lodged  with  the  executive  of  the  United  Stat<;s,  that  the 
^^  Sans  Culottes,  an  armetl  privateer  of  Fi-ance,  did,  on  the  8th  of  Mp.y  lalt, 
capture  the  Britifli  brlgantine  Fanny,  within  the  limits  of  the  proteft  ion  of  the 
United  StateSj  and  fent  the  faid  brig  as  a  prize  into  tUi*  port,  where  ftie  is  now 
lying. 

I  hare  the  honor  to  inclofe  you  the  teftimony  whereon  the  complaint  is  found- 
ed. Should  this  fatisfy  you  that  it  is  juft,  you  will  be  lb  good  as  to  give  or- 
ders tothecoMlid  of  France  at  thi^  port,  to  take  the  veftel  i»to  his  cuftody,  and 
deliver  her  t(;  the  owners.  Should  it  be  orerweighed  in  your  judgment,  by  any 
contradiftory  evidence  which  you  have,  or  may  acquire,  I  will  aik  the  favor  ot 
a  communication  of  that  evidence,  and  that  the  conl'ul  retain  the  velfei  in  his  cuf- 
tody, until  the  executive  of  the  United  States  fliall  cenfider  and  decide  finally  oa 
the  Cubj9(l, 
,    ,,       i  I  have  the  honor  to  be  with  muchrefpevT:, 

■  ;>.    '..K  Sir, 

5    \i     ,-.  ■  Your  moft  obedient  and  moft  humble  frrvant, 

;;,;:'  ;,:•■      :  th;  jefferson. 


[     47     ] 

'   "        (COPY)  '.'•■;  I    •    :  •       -    .  ...'.    . 

rirs^ima,  to  n.vit,  '         ■'■'!■'  ' 

^pO  allpiTions  whom  It  may  corlorri,  I,  John  Nivifon,  notary  piiJi!ic  for  tlie 
•*■  dirtricl  oK  Norfolk,  by  lawful  authority  duly  admitted  and  (lualif.:  I,  (»,> 
hereby  certify  and  make  known,  that  Captain  Michael  Pylc,  late  mallei- of  t  hr; 
brig  Fanny,  David  Mac  Jntofh  "rnate,  and  John  Mac  C;;tti(\  one  of  the  failos 
perlbnally  appeared  before  me,  and  being  duly  fwom  on  the  Holy  Evangel i It i  of 
Almighty  Crod,  depofed  and  laid,  that  they  failed  from  Lucia  in  t!i?  Iflandcf  Ja- 
maica, on  the  fourteenth  day  of  April  lalf,  having  on  toard  ;i.  caigo  of  i  um  antl 
lugar,  and  bound  on  a  voyage  to  Baltimore,  fhe  being  in  goodorder  fjr  tlw 
voyage  ;  that  on  thefeventh  day  of  May,  at  lo  P.  M".  being  ojf  the  mouth  or' 
the  Cheiapeake  bayj  Cape- Henry,  bearing,  by  computation,  N.  W.  by  W.  dif- 
tant  about  leven  leagues,  they  were  hailed  by  a  fchooner,  and  were  informed  that 
there  was  a  pilot  on  board  for  the  Cheiapeake — they  anlWered  that  they  (hould 
not  Itay  for  a  pilot  till  the  morning — that  the  wind  being  at  N.  E.  thty  (tcered 
N.  N.  W.  failing  at  the  rate  of  four  miles  per  hour,  until«half  palt  four  A.  Nf. 
on  the  eighth,  when  being  in  eight  fathom  of  water,  Cai>e-nienry  bearing  N.  W, 
by  W.  or  N.  W.  diftant  as  above,  by  computation,  four  or  five  mrUs,  they 
v/ere  captured  by  the  boat  aforePaid,  which  to  their  great  fin-prize,  proved  to  l)c 
a  French  privateer,  called  the  Sans  CuUottes,  I.  B.  A.  Ferry,  commamler, 
mounting' frur  guns  and  two  fwivels,  manned  with  45  men — that  they  were  de- 
prived of  the  veifel  and  cargo  aforefaid,  and  were  detained  on  board  the  private  or 
until  the  eleventh  of  the  i'ame  month,  when  they  were  let  on  Ihore  in  Lynn  Ha- 
ven Bay,  in  the  Hate  aforefaid,  and  that  on  the  liimed-ay  they  arrived  at  NoifoJk. 
(Signed)  Michael  Pile,  master  .j  DaviJ  Mac  h4oJh,  mate  j 

"John  Mac  Cuttle,  featuan. 

Wherefore,  t  the  laid  Notary  Public,  at  thercqueltof  the  faid  deponents,  did 
and  do  now  hereby  folemnly  protelt  againft  the  privateer  and  her  crew,  f(,<r  all 
the  loflVi,  ccfts,  charges,  damages  and  expences,  futfcred  or  to  l)e  fufFcred  by  any 
perfon  or  perfons  whomlbever  interclbd  or  concerned  in  the  fiiid  brig  or  her  car- 
gu,  or  any  part  thereof,  on  her  voyage  arorelaid,  by  nalbii  of  the  capture  by  the 
privateei-  aforefaid. 

Intellimony  whei-eof,  I  have  hereto  fet  my  hand,  and  cauied  to  be  affixetl  the 
feal  of  my  office,  this  i8th  day  of  May,  i  793. 

(S'eal)  JOHN  NIVISON,  Not.  Pub. 

Britifh  Conful's  office,  State  of  Virginia. 

THESE  are  to  certify,  that  John  Nivifon  YA\.  before  whom  the  fore:ToIn<; 
protelt  wa»  made,  is  Notary  Public  for  the  diftriS  of  Norfolk,  in  the  Itate  afore- 
laid,  and  that  full  faith  and  credit  is  juftly  due  to  fuch  his  atteltation. 

Given  under  my  hand  and  leal  of  office  at  Norfolk,  this  i4.th  of  May,  1  ''q  3. 

(Seal)      ■  JOHN  HAMILTON,  Confiil. 

I I  ■  I 

City  of  PhilaMpHa,  Jf, 
"KiTlCHAEL  PILES,  raafter  of  the  brigantine  Fanny,  of  London,  being  duly 
^*-  fwora  on  the  Holy  Evangelills  of  Almighty  God,  dcpoleth  and  faycth  : 
That  he  failed  from  Lucia,  in  the  ilhnd  of  Jamaica,  on  the  fourteetuh  day  of 
April  laft,  bound  to  Baltimore,  in  Maryland,  having  a  cargo  of  rum  and  fugar 
on  board,  the  laid  brigantine  being  then  in  good  condition  ;  that  on  the  7th  of 
Mav,  at  10  o'clock,  P.  M.  he,  this  deponant,  being  then  in  the  (hid  brig.mtine, 
off  the  mouth  of  the  Chefapeake-Bay,  Cape  Heniy  then  bearil^g,  by  computation, 
N.  VV.  by  W.  dillant  aliout  feven  kugues,  he  was  hailed  by  a  fchcjoner  an/l 
infcmed  there  was  a  pilot  for  the  ClR-lajrake  on  l>oard,  to  which  this  deponent 
anfweied  that  he  fhould  not  Itay  ioi:  a  pilot  till  the  morning  ;  that  this  deponent 
haded  the  lUiooni-r,  and  alkcd  how  Cnpe  lleiu  v  hure,  and  what  diltaiice  ?  anil 
vras  unl'wiTcJ  from  the  fchoomrj  tliiit  Cape  Hciuy  bore  N.  W.  iiU  by  W, 


w 


, » 


I 


'■:•» 


S 


■r 


p. 


■■'I 


1^1 
i^  li' 

Ji'  '■  ■ 
'     1.'. 


I 


r 


f    4^     J 

^viftty  miles  dlftarit.  That  the  wind  being  at  N.  E.  this  deponent  Jtecrw^ 
K.  N.  W.  going  at  the  rate  of  about  four  miles  an  hour,  until  half  paft  four* 
O'clock,  or  thereabouts,  A.  M.  on  the  8th"  of  May,  when  being  in  tight  fathom 
water.  Cape  Henry,  at  that  time,  bearing  N.  W.  by  W.  or  N.  W.  diltant 
about  four  or  five  miles,  the  faid  brigantine  Fanny  was  captured  by  tlie  faid 
fchooner,  which,  to  the  great  fnrprize  of  this  deponent,  provtd  to  be  a  privateer, 
having  on  board  a  cOmmiflioh  faid  to  have  been  granted  by  the  French  conllil  at 
Charlefl»n,  in  South-Carolina ;  the  faid  privateer,  called  the  Sans  Culottes,  was 
commanded  by  J.  B.  A.  Terry,  mounted  four  guns  and  tvtfblwivels,  and  man- 
ned with  4  s  men  ;  that  this  deponent,  the  officers  and  crew  of  the  faid  brigantine 
were  all  put  on  Ihore,  on  the  nth  of  May,  inLynn-Haven  Bay,  in  Virginia  j  that 
the  faid  brigantine  was  fent  to  PhiladelphSti,  whither  this  deponent  came  to 
tlaim  the  vefTel  and  cargo  j  but  the  officers  and  crew  cf  the  faid  brigantine  being 
deilitute  of  friends  and  money,  engaged  themfelves  on  board  other  vtlTels  in 
Virginia,  for  the  purpotb  of  fuppoi^ing  themfelves,  and  being  thu&  difperi'td,  and 
ftparated  from  the  faid  brigantme,  he,  this  deponent  is  thereby  deprived  of  their 
teftimony,  which  he  could  have  obtained,  if  they  had  been  fent  into  the  port  of 
Philadelphia,with  the  faid  brigantine  j  and  further  this  deponent  faith  n«t. 

Taken  and  fwoni}  at  the  city  of  Philadelphia,  this  24th  day  of  June,  1 74)3/ 
J^foremej 


(Copji) 


JOHN  BARCLAY,  Aldermam 
MICHAEL    PILE. 


Urn 


TRANSLATION. 
^^    '  Philadelphia,  July  8th,  <793.- 

"~""         ;  The  2d  year  of  the  French  Republic. 

ne  Minister  of  the  French  Republic,  'with  tie  United  States,  to  Mr.  Jefftrfont 
Secretary  of  State  of  the  United  States, 
Sir, 
n^HE  French  armed  veflel  k  Vainqueur  de  la  BaflilUt  of  American  conftruftion,* 
^  and  heretofore  bearing  the  name  of  He<5lor,  has  failed  from  Charlefton,- 
TOrnifhed  with  a  French  commiflion,  and  her  old  American  regifter,  which  the 
Commander,  Hervieux,  fent  to  the  cultom-houfe,  after  having  cleared  tbc  bar' 
of  that  port. 

•  This  condiift,  condemnable  only  for  its  timidity,  has  led  the  cuffom-houfc 
of  Charlefton,  to  require  tlie  government  of  South-Carolina,  to  caufe  him  to  be 
arretted ;  and  in  confequence  le  Vainqueur  de  la  Bastille,  has  been  feized  at  Wil- 
mington, together  with  a  prize  which  flie  took  in  there.  The  laws  of  tlte  United 
States  inflift  no  punilhmeflt  in  the  prefent  cafe,  only  where  there  has  been,  an: 
intention  of  avoiding  the  duties  impofed  by  the  United  States,  and,  as  it  is  proved 
by  th  .  war-commiflion  and  by  the  inftruftions  in  captain  Hervieux's  polfeffion, 
that  he  went  out  of  the  port  of  Charlefton  only  to  refift,  as  much  as  poftibley 
the  unjuft  attacks  of  our  enemies ;  a  duty  which  all  the  treaties  authoriKe 
him  to  fulfil,  and  which  no  law  of  the  United  States,  and  confequently  no  order 
of  the  executive  of  thefe  ftates,  can  forbid  him  to  fulfil.  I  requeft  you,  Sir,  t« 
defire  of  the  federal  government  the  liberation  of  captain  Hervieux,  and  of  his 
<rew  of  the  Vainqueur  de  la  Baftille,  heretofore  the  Heftor,  and  of  her  prize, 
^ow  detaioed  in  the  port  of  Wilmington,  North-Carolina. 

GENET. 


•>1! 


W, 


« 


«^,'t 


rt   tjt 


!■■    '.: 


[     49     1 

,f  1..      raif.ADKi.PiiiA,  Cjiu  juljt  l;93. , 


•  aJ  y  ill' of  the  vrcrch  RipiibU«i 

.  Vj'.i,'  V/'    ■•■'■-•*    //    *.';     •''/     ,  Sec.eUry  f>f  State.  .V,'     ".■.'," 

'   ■■  Sir.,   '     '    ■         '  •-.  -i     ' 

X/OLF  requirp d  of  m?,  details  relative  t.o  thp  Brigantlnc  la  Pjike  Dirrocrat,  hereto- 
J.  fore  U  P^'iiic  Sarah,  at  pfcfciit  arnied>  and  ready  to  go  out  of  ths  JDelaw^re. 
They  are  as  rollow  ; — This  veffcl,  Sir,  of  ^nglilh  property,  armed  by  our  ene- 
mies Vv'ith  four  cayncu,  and  other  arms,  was  taken  by  the  Envbufcadc  Prioatc,  hi'- 
longlti^  to  the  Ilcpiddic  of  France,  and  lent  into  Philadelphia.  Her  conftrr(5liO!i 
being  tkgmit  and  iolid,  her  bottom  coppered,  and  a  fv/ift  ft;:l:r,  her  maft^  and 
rigging  bcin?r  ill  a  good  condition,  i  have  (holi^Jiht  on  the  report  of  the  captain  ot 
the  Em!  iifcadc,  and  other  enlightened  mariners,  that  the  aciuifuion  of  this  veffcl 
would  be  advantageous  to  the  marine  of  the  Rcptibtic  ;  and  thi»  confideratlon,  joined 
to  the  defire  I  had  of -Bnding  employment  fcr  a  great  number  of  French  marines, 
who  were  here  expofed  to  the  dtngtrs  which  often  attend  idlcfl^fs,  aVid  trt  niifery, 
determined  nie  to  take  her  on  account  of  the  ftate. 

V  have  had  her  repaired.  I  have  compleated  her  armament,  with  cannon  which 
I  found  on  board  of  four  French  vcH'cIs,  and  given  the  command  of  her  to  Citizen 
Aniiot,  cnfign  of  the  Republic,  and  when  rcudy,  I  ftall  difpatch  her  with  a  com- 
miflion  of  the  Executive  Council,  and  with  my  particular  i.iftrudious.  i  fliould 
confine  myfelf,  Sir,  to  reprefent  to  you  thefe  faifts,  which  require  no  difcuflicn  on 
my  part,  and  which  clmnot  create  any  difficulty  on  that  of  your  government.  When 
treaties  fpeak,  the  agents  of  nationc;  have  but  to  obey.  Accept,  Sir,  my  eftecni 
and  refpedl. 

GENET. 


A->\i 


j    ,1  I!.!  :  PaiLADEiPHiA,  9th  7«//y,  I79,3. 

rlir.,-''l    ('-•■ir/'I   -vi)    :.     ,1/      •     ..  2d  year  of  the  French  Republic. 

^ha  Cittztn  Ceitet,  Mittijfer  Plenipotentiary   of  the   French  Republic^  to  ^Ir.  'Jejfirfon, 
Secretary  of  State  of  the  United  StatJS. 
Sir, 

THE  Conful  of  the  French  Republic,  inthisftate,  four  days  ago  requefted  the 
Governor  of  Pennfylvania  to  order  out  of  the  port  of  Philadelphia,  the  Jane, 
ah  l^nglifli  privateer,  armed  with  fixteca  cannon,  wliioh  vcffel  came  in  the  4th:»of 
this  xaonth,  without  any  appearance  of  diftrefs. 

The  Governor  replied  to  him,  that  he  could  not  take  any  meafures,  in  this  re- 
fpe<ft,  during  the  abfence  of  the  Prefident  of  the  United  States.  Although  this  reply, 
Sir,  13  accompanied  with  very  obliging  and  amicable  cxprefiions,  I  think  It  my  du- 
ty tpobferve,  that  according  to  the  tenor  of  the  XXIId  article  of  our  treaty  of 
amity  apd  commerce,  it  is  not  neceflary  to  await  the  decifion  of  the  Prefident,  to 
calife  this  privateer  to  depart,  not  having  come  in  here  in  diftrefs,  and  having  had 
time  to  take  in  more  provifions  than  is  neceflary  to  go  to  the  neareft  port  of  the 
p"6Virer  under  which  flie  holds  her  commiffioii,  and  according  to  different  reports 
which  I  have  juft  deceived,  is  augmenting  her  armament. 

•  The' treaties  being  confldcfedby  the  American  people  as  the  mofl  facred  lavys, 
the  Ibcal  govfernmehts  of  the  United  States  are  bound  to  acknowledge  them,  and 
all  the  magiftrates  obliged  to  execute  them  without  delay.  I  therefore  requeft  you. 
Sir,  to  prcfent,  thefe  confidcratlohs  to  the  Governor  of  Pennfylvania,  and  induce 
him  to  fulfil,  againft  the  rrivateef  Jane^  th?,  duties  which  our  treaties  ...ipofe  on 
hilAV 

.i,.i».vUJ  i...«-/i  ,UOr:y,fii.iiii.  /-'  ;.'  ;>      q     E'  •  N  '  E     T.-' 
T-   Z   ^  'I    O  '      ^ 


o 


[  J^  '] 


it 


■m 


i 


If!-. 


0^;  S:(itt,iry 


of 


S!, 


'..lit,  to 


Afr.  Cnct,  Mkif.cr  J'Unijy^U/ttiary  of  Fratim, 


Sic, 

'"'I Il'l  I'rcfult-nt  of  t!ic  TJnitcJ  States,  del'irous  of  having  done  what  fliall  he  ftridt- 
ly  confoiniahli.'' to  the  trt;\t)es  of  the  United  Statjs  and  laws,  refpc(i>ing  tiiC 
f.vcral  rcf.itfcntatloiis  ivccivcd  from  youji"i;if  and  the  miniftcr  plenipotentiary  of 
(ircat-Britain,  on  the  fuhjcifl  of  \xfr-ls  arming  ot  arriving  within  our  ports,  and 
of  prizes,  has  determined  to  refer  the  qucftions  arifing  thereon,  to  perfons  learned 
in  the  lav;s.  As  thii  reference  willoecaiion  fomc  delay,  he  will  cxpcil  from  hoth 
parties,  that  in  the  mean  time  the  Little  Sarah,  or  Little  Democrat,  the  fliips  Jane 
jind  William,  in  the  Delaware,  the  CItoycn  Genet  and  her  two  prizes,  the  Lovely 
Lafs  and  Prince  ^ViJlKim  Henry,  and  the  brig  Fanny,  in  the  Chtfapeake,  do  rot 
depart  until  his  ultim.'.tc  determination  ihall  he  made  known.  You  may  '.leafTiind, 
Sir,  that  the  delay  wiil  he  us  ihort  aspoHible,  and  the  objed  of  it  being  to  obuin 
tl'.;;  !)eft  ai'.vice  poflible  on  the  fenfc  of  the  laws  and  troaties  rcfpcifling  t)i'j  fcvcral 
•alts,  1  am  periuad^d  you  will  think  the  delay  well  compenfatcd.  ,1  <  ;  ■  .  v.v  br. 
I  have  the  honor  to  be, 

.  . ,. .  ..•  V.  o  I'liL'a.' i;.     With lentimcuts  of  the  moft  pcrfed cllecm  and  refpcift. 


t..u 


)i"u.<; 


A'. 


•.ri.!> 


Sir, 
Your  moft  obedient,  and 
,,,,     mod  humble  fervant, 

Tii:  J  E  F  F  E  R  S  O 


N. 


-i.C 


,t; . 


;:„i»- 


7/je  Cliizen  due 


Sir, 


v.;    i    n-    ■>.  Philaselpuia,  y/i  y«(y,  179,;. 

ad  year  of  the  Republic. 
Mitiifcr  from  the  Frcv.ch  Rcpullic  to  the  UniUd  States,  to  Mi.  Jef- 
ferfoit.  Secretary  of  State  of  the  United  States.  1      ,,    f 


I  HAVE  already  frequently  had  the  ho^pr  of  converfing  with  you  on  the  revclting 
treatment,  which  the  Lnj^lini  vcffels  of  war  ufe  on  the  high  feas  towards  '    leri- 
can  veifcls.  I  have  informed  you  of  the  fevcrc  vifits  to  which  they  fubjecft  th  md 

<-f  the  feizuresthey  make  on  hoard  of  them,  and  under  the  protedlion  of  tl  of 

the  United  States,  of  the  perfonsand  property  of  the  French  citizens. 

'Ilic  reports  of  all  the  navigators  atteft  the  truth  of  thele  fads,  and  the  complaint* 
cnclofed,  prefent  new  proofs.  1  reqiiefl  you.  Sir,  to  communicate  them  to  the 
Preiidcnt  of  the  United  States,  and  to  be  fo  obliging  as  to  inform  mc  of  the  meafures 
Jic  has  taken,  or  thofehe  propofcs  to  take,  to  caufe  our  enemies  to  refpcdl  the  flag  of 
the  United  States  as  much  as  we  ourfelves  do,  and  to  have  delivered  to  our  fellow 
.citizens  the  property  of  which  they  have  imjuftly  been  deprived. 

I  mufl  obl'ervc  to  you,  Sir,  that  as  the  Englifli  will  probably  continue  to  carry  off 
with  impunity  our  citizens,  I'nd  their  property,  on  board  of  American  veffi-ls, 
without  embarrafling  thcmfelvcs  with  the philofophlcal  principles  proclaimed  by  the 
Prefident  of  the  United  States,  the  engagements  we  have  contraded  with  ycu, 
placiag  us  in  the  moft  difadvantagcous  pofition,  with  refpe<5l  to  our  enemies,  in  de- 
priving us  ofthe  privilege  of  uling  at  every  point,  with  regard  to  them,  the  right 
of  rcprifals,  it  is  as  ncceflary  for  your  as  for  our  intcreft,  that  wc  fliould  agne 
quickly  to  take  other  meafures.  I  expcvSl  immediately.  Sir,  a  pofitive  anfwer  frciii 
the  federal  government,  on  this  fubjedl ;  and  i  hope,  that  it  will  comport  with  the 
dignity  andjuflice  of  the,  American  people,  who  ought  not  to  require,  if  tliey  are 
jiot  at  prefent  in  a  fituation  to  compel  the  EnghJh  to  jufticc,  whom  they  have  for- 
jiicrly  conquered,  thatv/c  Ihould  cxpofe  ourfelves  and  themlongtr,  by  a  mifplaoed 
complaifance,  to  the  infults  of  that  nation,  towards  whom  generous  proceedings  gc- 
ssrally  lead  ojdy  to  nsw  ov.tifgss. 
-  .  •    ■"      ■     "    '  '■■"'    GENET., 


[    SI     ] 

"'   €»f>y  of  It  D  E  CI.  A  B  A  Tl  O  N    a/J   I*  K  OT  E  J  T. 


ri/t;  u'^y,  :.L-   27//J    yuiu;    I'cjJ,    2.!  y.^r  of  the  T.-i-.ch    R,^-J/.i:,    f -jl    13    o'oV    .'•, 

BEFORE  in,  John  Piipt'd  I,cnir.:r..-,  ChanroUor  of  the  Cr.nfi.lutL-  of  the  fui-l 
Rcpuhlic,  efti'.1)lifli.-d  at  1  liil-uiclnliia,  in  th?  I.a'c  of  I'ci.nfvlvauia,  cnoDl'iie 
TInitcd  tjtatps  of  America,  the  iindciri,^:!^.'!,  r/id  :n  tl-e  prt-'cni.c  of  the  v/initlUi. 
h'.Tfuftor  nnined,  r.ppeared  the  citi/.cn  Filvit  Du  CAr.r,^.  ••':•  A;  /yi//^</.'  Chiir^.-n-i,  dc. 
jTirtincnt  cf i-,  for  the  pttrioT"  cf  SAYiMfi.ind  D'^clarivg, 

'rUat  having  d.'parted  frnm  the  iilahd  of  ?t.  Lucie,  oil  'J-:  9»U_of  Ki.xy,  T 79;.,  a* 
j^ifTerif^'T  on'  botird  the  American  hri;;>.nti'v.'  Columhi:",  cn})tivin  J  hii  (Jiccn,  t f 
this  rity  cf  Philadelphia,  for  thispoit.'an  F.n;^di(li  privatior,  the  iTijartim;  r;miu', 
captain  Bloomlbury,  of  St.  Vine  nt,  captured  the  faid  brVant'.uc  (.W/.7.jW:;,  v.Ithrut 
aay  regard  to  her  flag,  on  the  i;,th  of  t!-,c  faid  moath  cf  May  b't,  and  rend,. .v  id 
her  into  t;he  port  of  BafTeterrc,  Saint  Chriftophers,  \vhcre  he  arrived  the  l.ir.e  d-y, 
and  v.'hcre  he  found  fix  or  feven  other  American  veffels,  Avhich  l;ad  aifo  Lteu  car- 
ried in  there  by  force. 

That  the  mcr-handizes  that  he  h:;d  on  board  t'.ie  faid  bri<ran<i:ie  Cn'uri:.;.-',  con- 
fifted  of  3  bancL  o:  raw  fugar,  7  bales  of  cotton,  S  cufrcs  and  8  ba:;s  cf  c-,ff-%  1  i 
pieces  of  handkerchief  of  Beam,  and  about  45CO  livrc:-.  currency  ot  the:  iil.'..id.-.,  c  I 
Trench  and  Spanifu  coins,  the  vhole  amounting  to  21909I.  i»f.  C  ceniei  ■,,  !-onry 

of  the  idands,  as  appears  by  an  invoice,  dated  the ,  f>f  the  appci-rer,  and 

a  bill  of  lading,  of  the  dime  month  of  May,  figned  John  Green,  junior,  exnd),f-d 
to  us  by  the  appearcr,  and  which,  r.t  his  reqv.eft,  Ihall  be  annexed  to  thele  p,.  fen's, 
after  having  been  certified  by  liim  to  be  authentic,  and  by  us  compared  v/jtn  tl  c 
original.  • 

'I'hat  the  above  fugar,  cotton  and  colTee,  was  f-iippcd  partt;-  on  account  andrTic 
ofcitizen  John  Mercie,  of  Bordeaux,  owner  of  the  faiii  Thus  of  llordtau::,  ana 
partly  on  account  and  rific  of  fundry  other  perfotvi  interefted. 

That  the  intention  of  the  ajj^^earer  had  been,  in  difpofe  of  the  faid  fug?.-,  ^i 
and  coffee,  on  account  of  the  above  mentioned  John  Merci'.',  and  of  all  tho^( 
cerncd  in  it,  on  his  arrival  at  Philadelphia.  .       .. 

That  on  liis  arrival  at  Saint  Chri{loph;rs,all  the  merchandize  nlready  mentioned 


cotton 
c  con- 


lint  Chriftophers,  and  v/hich  he  prefented  to  us,  and  at  jus  re- 
inncicd,  to  recur  to,  duly  certified  and  compared  accorairg  t.) 


app 
the  faid  idaiid  of  Sa 
quell,  is  hereunto  ann. 
the  ordinance. 

That  of  the  whole  of  the  above,  the  faid  appearer  having  required  a  certiiicnte, 
\vc,  the  Chancellor  above  mentioned,  have,  by  thefe  prefents,  granted  the  lame,  to 
avail  him  as  it  may  of  right 

The  faid  appearer  e 
expences  of  damages  and 
Fanny,  captain  BloomHiu 

againft  all  others  whom  it  may"concern,  for  the  carrying  off  and  leizurc  made  by 
them  of  all  the  faid  merchandizes  from  on  board  the  faid  American  brigaiuinc  Co 
lunibla,  captain  Green,  in  contemntof  the  dignity  of  the  American  nation 
r>«r,o  ..*  T>K:i„j„i_t.:~    :_  .^t,.,  h\ ^...r  r^f  thr-  r"nnfidate  of  the  1  rench 


Done  at  Philadelphia,  in  the  Chancery  of  the  Confuhite 


Rep 


'b- 


lic,  the  faid  day, , month,  and  year  a 
Citir.ens  Martin,  ORcr  and  Peter  E: 
iigned  the  fame  with  us  and  the  faid  ai 
The  minutes  of  the  pr.lciit  rem 


ntioneri 
rriere,  r 
ivpearer 
.linint'  i 


1,  in  the  prefoiK^:  ol  liX- 
nts  in  thiii  city,  who  hive 


.'II' 


•r  read  the  fame. 


Ciiaiicciv. 


.11 


L  ii  ^.I  A  I  r-  K 


M 


I 


■I 


m 


I  c 


i: 


'      I.     54     J 

Examined  hf   us,  Coriful  of  llie  French   Rcpuullc,  at  Pliiladi-iplua,  tins  l8t.ii 
Tulv,  1793,'  2d  year  of  the  Republic.        ,  ,,,    .,;,.,, 

(%ncd)    ^,  '     ..),  :fROis.  .  P  U  P  O  N  T. 

ji"  ii'j  .  F';.j,t)  AijHto  hri-'.  ,TJ.'u  liiH' <•    b' 

CcrJifitd  conformable  to  the  origind.  J  „.,„,f,i  7.^,1,  j;,^)  ,.,'■■ 


T'^j  /,'(?   i/jf  uwit-rngneri  pajf.ngns  on  boa%d  the  galliot,  the  P^vulaor.,    Captain    H'hittf 
hound  fro}!!  Jertinie  ta  Baltimore^  in  tbejfatc  of  I'^aryland. 

Deci.arb— 

•T^HAT  having  failed  on  the  night  of  the  aifl  May,  1793,  we  on  the  a3d,  at 
-I  three  in  xhc  morning,  met  four  Frenph  frigates,  that  on»  of  them  having 
fired  a  cum  on,  onlered  u--  *o  hoift  out  our  boat,  that  one  of  the  officers  came  on 
bonrd,  crvaniined  the  papers  of  the  captain  of  the  galiiot,  examined  one  of  our 
j[\ifl"pr>rts,  p.iidthen  retired,  teftifying  his  regret  at  having  detained  us.         *ji;.i,.  j. 

''hat  en  the  25th,  about  fix  in  the  morning,  be'.nj;  under  the  great  Ina^iie,  zvA 
Very  c'uife  to  the  land,  we  ilivv  a  ihjop  who  weighed  ancl^or  to  tlic  windward, 
bearing  dcvn  upon  us  fired  a  cannca  at  us  and  hoifted  an  Englifti  flag,  fent  five 
armed  men  on  board  c  i  us,  who  rendered  an  account  by  a  trtimpct,  that  the 
V!;fiel  v/as  ladca  with  coffee  and  cotton,  and  that  there  were  feme  negro  flavcson 
board.  Eiit  at  the  moment  there  appeared  two  other  veffels,  towards  Vvhich  the 
j-rivjteer  imn^ediately  fleered,  ordering  us  to  anchor.  Thefe  two  veflcls  were 
loundalfo  to  be  American,  and  were  in  like  manner  obliged  to  come  to  anchor. 
-  V  ih'rd  appeared  fome  time  after,  and  was  likev.'ife  ordered  to  anchor. 

The  privateer  was  employed  in  viiltlng  thefe  three  velTcls  until  four  in  the  af- 
ternoon, during  which  time  we  were  under  the  guard  of  five  men,  who  prefented 
themfclves  to  jisaiiore  lUcc  pirates  coming  to  fcizc  their  prey,  than  as  privateers 
who  have  an  intention  to  refpeA  a  neutral  fiag,  Tliefe  men  whofe  coiintenanccj 
Jed  us  to  believe  theni  capable  of  realizing  the  moft  finiiler  things,  prepared  us  for 
an  event  which  would  at  the  fame  time  have _ injured  u$,  in  making  us  fail  in  the 
objeift  of  our  voyage*  I'hey  informed  us  that  we  w^re  to  bs  carried  into  Jamaica. 

At  four  in  the  afternoon,  the  captain  of  the  privateer  came  on  board  of  us 
with  ten  armed  men,  they  drove  all  the  palTcngcrs  out  of  thei.-  ilatc  rooms,  vrith 
a  naked  fword  in  one  hand  and  a  pifcol  In  the  other,  appearing  difpofed  to  proceed 
to  violence,  without  the  leafl  cfir.rt  on  the  part  of  their  captain  to  cheek  them.  In 
an  inftant  all  tlic  cffc^Sls  of  the  pafTengers  were  ranfacked.  In  vain  did  captain 
White  prefent  to  tliem  liis  papers,  and  endeavour  to  flop  them,  they  paid  no  at- 
tion  and  fcarcely  looked  at  them.  The  rcp.cfentations  of  thefe  hoftilc  adls,  ren- 
dering them  Ail!  more  violent,  they  threatened  thofc  wlio  endeavoured  to  rcafon 
with  tliem.  Tlicy  broke  the  locks  of  the  trunks  withoirt  waiting  till  the  keys 
wore  found,  they  raifed  a  part  of  the  ph'.nk  of  the  cabin,  tii-'y  rumagcd  the  cap- 
tain's trunk,  tliey  fotmd  money  there,  i'eized  it  and  gave  it  to  one  of  their  people 
to  take  care  of.  At  the  fan-  time  tltcy  went  to  t.'ie  forccullle,  they  broke  open 
rvory  t.irg  that  v.as  loekcd  up.  'lliey  forced  tlic  partitions  which  feparatc  the 
births,     'liic'y  rut  open  a  great  quantity  of  collee  b;:;>8. 

Having  ho  .vcvcr  found  nothing  in  this  fcarch,  nv.uk  with  thogreate{l  brutality, 
wiueh  falfifiod  the  aficrtion  of  captain  White  as  to  ibe  property  of  the  cargo,  tbcy 
ippeaicil  nuieh  embarraffed  at  tJie  part  they  fiiould  t.ike  with  refpcJl  to  us.  They 
in  partic'dar  made  oltlrp  to  fome  of  thcAamen  to  dej)ofo  agifinft  the  declarations 
vi  cm*  captain,  tliey  knt  three  of  them  on  bor.rd  the  privateer,  whom  they  endea- 
voured ecu.iUy,  l)i;t  as  unAiccefbfuIly,  to  fcdure.. 

This  vt.xiuioiis  condu61  was  interrupted  by  i;jght  coming  on.  Tl  tray  be  con- 
'cived  low-wc  pa.Ted  It,  it  did  not  to  us  appear  probable  tliat  nv  n  who  apprared 
to  brcatlic  nothing  but  pilbgc  and  robbery,  would  tallow  this  epportunitv  tu 
•^^^"Ff  .,,,     .  ,,  , :     ,   V      ,.<  .      .  .,;     i  '.  r  .,   . 


1-' 


i8iU 


I'   53     j 

On  tlic  artth,  as  foon  as  day  appeared,  captain  White  v/as  railed  on  ho-xyd  u\r 
privateer,  where  fcvcral  difputcs  arufc,  in  which  foine  wifhcd  to  havi  the  vdlci 
carried  into  Jamaiiu,  others  that  the  piffcr.f;ers  with  their  eftcdls  ilioulJ  l>e  put  on 
board  as  priloners,  and  others  that  the  captain's  trur.k  contaii:ing  monry,  flioiild 
be  feized,  others -in  fine,  that  tiiey  fnould  I'cize  the  negro  jlaves,  or  Liul  captain 
White  back  whh  a  new  dctachnaeat,  who  fhould  continue  to  fcarch  the  eiTcds  and 
vcffel. 

We  obferved  among  this  brutal  and  greedy  hord,  a  man  who  not  only  difap- 
provcd  the  conduA  of  the  others,  but  alfo  appeared  very  mu'jh  I'ppcfcd  to  the  at- 
tempt which  he  faw  them  determined  to  commit  in  one  way  or  another  on  neutr?.! 
property.  This  was  the  furgeon  of  the  privateer,  perhai>s  he  might  have  had 
fufficient  afcendancy  to  hinder  them  from  taking  the  vcffcl,  but  he  could  not  doubt- 
lefs  obtain  every  thing :  at  eight  o'clock  the  privateer  gave  orders  to  the 
detachment  vrhich  guarded  us,  to  bring  off  the  negroes  and  return  on  beard.  They 
at  the  fame  time  permitted  captain  White  to  hoift  fail.  He  fet  fail  in  order  to  go 
and  reconnoitre  twoveflels  which  were  making  for  the  entrance. 

Under  thefe  circumltances,  captain  White,  as  well  as  the  paffen'.rers.  Laving  no 
means  of  reclamation,  the  former  againft  the  hoftile  proceedings  of  the  priv:itcer, 
the  latter  againft  the  carryinpf  off  the  negroes,  could  do  no  oilKrwIfe  than  folir.w 
their  dclHnation,  rcfr.ving  to  themfelves  the  privileges  of  their  rcfpcbtiv^  rights 
ii^^ainft  this  jiiracy. 

^!everal  men  belonging  to  the  privateer,  have  given  us  information  relative  to 
this  veflel,  and  the  captain  by  the  paiticular  intormation  of  "the  furgL-on.  'I'he 
veffel  is  called  the  J'^ffplj  and  Aliry,  of  KIngfton  ifland  of  Jamaica,  co'nman.ocd 
by  David  Ha;ria,  owners  M.  M.  Allen  and  White,  captain  H-rris  :,pp"r.rcd  to  113 
10  be  a  weak,  indecifive  man,  without  charaiSler,  having  no  auth.-,rity  over  Jiis 
crew,  and  we  c.;nnot  hcln  thinking  that  in  this  rencounter,  at  the  m  Tcy  of  a  crew  <:f 
lifty  or  fixty  men,  the  nioft  of  whom  eager  for  plunder,  without  any  fubor.llv!  1- 
tioH,  the  veflel,  our  pjrfons  and  our  piuperty,  have  been  in  tlie  greateft  di-uigvr. 
Done  on  board  the  galliot  called  t:>c  Regulator,  captain  White,  the  7th 
Juue,  1733. 

■         SIMON    WHITE,  Ca/tJ-u    , 
LEWIS  J  E  V/  E  L  L,  nhja: 

PfTnn  NoDVEL.  "^ 

ChOUOUET  DE  SAyAnE.\u,  (^ 
C3 '.STi:<J  i)i:  NoG::iiE,  f      '•^' 

G.    BkNTIEK,  J|: 


w   1  1    i:..t,-i.\  't' 

,            iW     J 

/  !tw  ,/:i,;:-;',-i  , . 

:-    '           • 

r..:,...^,..M/* 

'!■■       , 

(ll  .11:  ;.'ii    ..  .  ". 

., ,  _.   « 1 

','..)  ;.  •    i ;      .; 

i 

'/.  ii.i    ■•.,.1;  . 

'•IT    .-'''  ■ 

1,1'        1; 

,             1      . 

1  '  ■:..'i  :       :  . 

' 

Cert'jiuito  be  conjurnutlli:  la  iht  orhunuU 


E 


Tif   Ciiizjn  Cinu'lf 


Puii.ADEt.rnM,  ?.5th  J:'; , 
ad  year  of  tl.c  llL'pii"..lii'  ■> 

Stuif  ft' tue  Uuitc:!  SluiJU 


f  Trance, 
iSVi-.-r.'./rv  ojr 
I'l'  >  -f  ■ 


Sir, 

I  RECEIVE  daily  new  compla'nts  on  the  i^ifult^  \vaiv.h  t'le  En-i^l'Hi  arc  p^?a^l•d 
to  commit  aj^ainfl  tiic  fl;'.g  of  llie  United  Sfatr-s,  the  papers  hf.rc  inclnfifl  v,';U 
prove  to  you  ihat  tlu  f''V'.'rei;,;-niy  of  your  country  is  viohtci  v.'ith  impunity,  not 
by  the  legitimate  exercife  whi'li  we  l.avc,  thoi:i",ht  ji'^oper  to  rie!:.:  of  foinc  rlj^Iit* 
ynnited  to  os  iiy  treaty,  but  by  tin-  r[.cIii'.tion,  ti.e  T'i'""';rei  tJ;C  \k\A  tr(M*-iii'. ;it  exer- 
t'.fed  by  our  enemies  iii  conteirtpt  :)i"  your  luxvs,  ami  even  ruder  fh -.'.(.w  cf  the 
figns  ot'  yoiirfovt|ei;vnty.  On  all  the  leas  an  iiudaciruri  pl'M>"y,  pnif.t*  ceii  In 
your  vellels  French  properry,  ar.d  aho  ll.at  of  the  Anie-ic.u.s  wi:end.Uii:-.'i  for  our 
ports — y(,ur  uolitical  rights  are  coiinvv:'.  for  n ojiiiiig  :  li;  v.'.ir  I'o  the  jir'i  ip!.:?  of 
Deutiality    eitabiilh,  tluU  fVieudly  v;.'!'.'.    :;i..Le   fiiui.Jly  i.uu,'!o :   ia    v./u:,  i.r,  lioea 


CfL 


I 


B^ 


Wit 


1 


[    J4    ] 

&e  Prcfictcnt  cf  tlie  Unitec^  Rtstcs,  cnc^cavour,  hj  his  prtclamztion,  to  reclaim 
the  obr  vvutioii  of  this  mrvisn  ;  in  vain  does  the  define  of  jjrefcrviri;^  peace  iead 
to  factificc  the  Interells  cf  i'rar.ce  to  that  of  the  n^omciit;  in  vain  d-cr-  the  rhirft 
of  rich.cs  proj  onckratc  over  honour  in  the  political  balance  of  Ameriia  :  all  thi» 
management,  all  this  conckrctnfion,  all  this  hvmi'.ity,  end  in  nothing  ;  our  cne- 
niicB  laugh  at  it ;  and  the  i  rench  too  confident,  are  jninifhed  for  Iiaving  believed 
tliat  the  American  nation  had  a  flag,  that  they  liad  feme  refpecl-  f<<r  their  lavs, 
fonie  convidicn  of  their  ftrcnp^th,  and  entertained  i'ome  fentiment  of  their  digni- 
ty. It  is  not  pofTiMe,  for  me,  fir,  to  paint  to  you,  all  my  ftiifibility  at  this 
Jcandal,  v.hich  tenosto  the  diminution  of  ycur  commerce,  to  the  oppreflion  of 
our:,  and  to  the  debafcmcnt  and  vilification  cf  Republies.  It  is  for  the  Americ-ins 
to  make  knovn  th.cir  generous  mdignation  at  this  outrage,  and  I  muft  confine 
myfclf  to  demand  cf  yo;i  a  ftcond  time,  to  inform  me  of  the  me;'fureg  whicJi 
you  have  taken  in  order  to  obtain  reflitution  of  the  property  plundered  from  my 
idliw  cltlren*,  under  the  protedii^n  of  your  flag.  It  is  I'rcm  our  govcrnnienr 
they  have  learned  tiiat  the  Americans  v.ere  our  allies,  that  the  American  nation 
was  fovereign,  and  that  they  knew  how  to  make  tiiemfelves  rtipedtd.  It  is  then 
under  the  very  fanifticn  of  the  French  nation  that  th-.-y  have  confided  their  pro- 
perty and  p^ribns,  to  the  fafe  guard  of  tlie  American  flag,  and  on  her  tliey  fubmit 
the  care  of  caufnig  th.cfe  rights  to  be  refpeded.  But  if  our  fellow  citizenr,  have 
been  deceived,  if  you  arc  not  in  a  ccnditlan  to  malnta-'n  the  Ibvereignty  of  your 
peoph",  fpcak  ;  we  have  guanintied  it  when  fiavcs,  we  fnall  be  able  to  render  it 
iiuuiiuabic,  hiiviiig  become  Iretmcu. 

Accept,  Sir,  my  eficcm  and  rcfped^, 

GENET. 


W«B 


ill! 


•S\ 


T/;j.';v  iL-  z2:.'.'  cf  '/."/r,   I~<)2,   "i-dyarrf  the  French  Ri^nilUc, 

APPEARED  before  us,  Francis  Dupont,  Cnn'ul  of  the  French  Republic,  at 
Philadelphia,  in  the  Tiate  of  Pemfylvania,  the  underfigned  Citizen  lu  Rouf- 
fie,  merchant  of  Ikrdcaux,  nov.-  in  '^*'.i  city  cf  Philadelpliia,  who  declared  to  us 
that  hr.ving  departed  from  St.  Mrrk  tlic  1 2th  June  lafl:,  in  tlie  American  brigan- 
tii'c,  the  Governor  Pir.'..r.c-y,  cf  Charleflon,  captain  D.  Jenkins,  belonging  to  Mr. 
Thcvlck  of  t!ie  faid  place,  the  fuid  vcfTcl  was  flopped  before  the  Molle  on  the  14th 
i'\  laid  month,  by  a  privateer  cf  the  colony  of  Saint  Vincent,  who  after  having 
v.fitedi  them  and  iinding  notiiing  which  could  lead  them  to  doubt  the  vcfTcl's  being 
J  jally  American  pioj.evty,  earned  them  in  under  the  fo!c  pretext,  that  they  had 
rn  bcr.rd  iidd  velTel  iome  French  jiafl;  r.gers  ;  the  declarer  ccmph.ining  that  they 
p'i..nccivd  his  trur.k  of  tv.o  v.atchc?,  a  chain,  and  a  mei'al,  a  goldtn  key  and 
tliirty-iwo  half  J«  hannes,  and  other  tiTcds  in  llntn,  which  places  him  in  a  cruel 
ycifiticn,  that  the/  v>-'re  carried  into  P.'-oviaence  where  they  remained  only  eleven 
d;>ys,  ill  a  fouith  <,T  a  dollar  per  day,  at  the  end   of  which  time  tliey  were  fet  at 


1. 


;icri 


V 


.icCwU'e  t!.e 


i..i;iu  i."^' 


\n  to  w  nt  proVif.en-^, 


ind   that   thtv  were  then;  ir 


too  great  numbers.  The  declarer  had  put  en  l.oard  on  account  of  fundry  perions, 
and  to  the  hearer  of  the  bill  of  ladirg,  feven  hc"  ftcai'.s,  twelve  tierces  and  fil'ty- 
tliive  l-ckioi"  c  f;ce  ;  lig't  large  and  four  fmall  baiis  ef  cotton,  and  twelve  nuar- 
ters  of  Aij.ir,  which  the  American  rapta'ii,  whrmt  he  (iippofes  to  have  been  gained 

id  pert,  declared 


•n-er,  i^s  we!!  a"-ion-.e  e.r.ers  o;  tnole  v.l.o  v.ere  carvied  into  ti: 


to  be  Fj-rnch  rrort  '-tv, 


V-    J: 


In  fei^imes'.y  'thercrf,  the  Tiid  apprarer  has  Ggned  the  prefcnt  with  us,  in 


y 


L.diVV.    Vil 


.'.^ 


two 


;rf! 


■-'.  witncUes. 


♦•••-'I'M  ' 


OrOL; 


•.7;.!; 


i.h  Ro;rr;;:n,  bi:.'ET  osTiR.ar.d 


Fr( 


iUrONT 


C     E 


ilMlf  i 


0  reclaim 
Pace  iead 
the  thirfl: 
:  «I1  thii 
our  cKc- 
',  believed 
Iicir  laws, 
icir  digni- 
ty at  this 
reflion  of 
^meric.dis 
ft   confine 
■e»  which 
from  my 
ivcninu-nr 
zi\  nation 
It  is  then 
their  pro- 
ey  fuhmit 
Zens  have 
y  of  your 
render  it. 

E     T. 


public,  at 
1  la  Rouf- 
larcil  to  us 
an  brigan- 
incr  to  Mr. 
ii  the  I4lh 
er  havinj;^ 
Tci's  bting 
;  they  had 
that  they 
key  and 
in  a  cruel 
nly  ileven 
vere  fct  at 
0  then:!  in 
•y  pcrjoiji, 
and  fii'ty- 
elve  niiar- 
L'fn  piiiuil 
t,  dtthatd 

ilh  us,   in 


R,  ar.d 
K     T. 


[     55     ] 


T 


tain  I'erktns,  bonnfl  tor  ^'ew-York,  they  were  vifited  m  clearing  the  entrance  of 
/rnagru;  by  an  linglifn  privuteer,  armed  by  Monfieur  Moz,  merchant,  ofNalT-iM, 
Providence,  who  made  them  prifoners,  and  carried  them  into  faid  place.  The  un- 
derflgned  wsuld  ha\rc  avoided  expofiug  their  fortunes  in  time  of  war,  had  tliey  not 
counted  on  the  inviolability  of  treaties  of  neutrality,  which  fliould  naturally  gua- 
rantee all  propirty  on  board  of  a  neutral  vcffel ;  nctwithrtanding  this  coniiderat  ion 
was  frequently  urged  to  the  privateer,  he  plundered  us  of  a^o.ooolbs.  of  coffee,  be- 
longing as  well  to  us  as  four  other  paflengers  of  the  faid  brig,  obferving  that  we 
were  a  good  prize,  a£ccrding  to  a  paper  called  a  proclamation  of  General  Wafiiing- 
ton,  cenveying,  in  fub/lance,  that  the  property  of  fubjeds  of  the  bcUigercat  power* 
might  be  taken  on  board  American  veffels. 

In  Tefduiony  whereof,  v.-e  have  depofitcd  the  prefent   declaration  in  the 
r      C  hanccry  of  the  Confulate  of  the  French  Republic,  m  order  to  ettablifh  our 
right  at  a  proper  time  and  place. 
New-Yoiik,  the  ZOth  July,   1793*  .•.        ...r        t     .    ','  '        .• 

sd  year  of  the  French  Repuklic. 

Signetl   in  original.  Merles  and  M.  Sarrazln  Guel  Vc.  le  Sieur,  Boithon, 
1  and  Lamarque,  par  uiain  d'emprunt. 

Certified  to  be  conformable  to  the  original  depofited  in  the  Chunccry  of  the  Coa- 
fulate  at  New- York.  ' 

,  .    -.,....,.    ,M,,  ..  GENET. 


Copy  of  a  Letter  to  Citizen  Genet,  from  Conyn^ham  Ncfb'itl  and  Co, 

PUILADELPHIA,    July  t6il),    I79,v 

Sir,  •••   '.     .- '      f.  ■■  -  ,     .  ■^       ' 

WE  have  juft  received  advice,  that  the  fliip  Sally,  captain  Grifilth,  loaned  by 
us  with  flour,  from  Baltimore  for  Havre,  is  juft  returned  to  faid  place,  after 
having  been  captured  by  a  privateer,  and  carried  into  Guernfey  or  Jerily.  The 
protefts  and  papers  will  be  fent  us  by  the  ncxtpoft.  The  captain  further  informs, 
that  they  had  alfo  captured  the  Ihip  Columbia:,  of  Baltimore,  having  on  board  ihc 
French  minUler  drove  from  P<ttup;al. 
Whenever  we  receive  further  inteliigencj,  we  fhall  communicate  it  to  you. 

Being,  with  rel'petil.  Sir, 
•   ';.;U  •;.■  .;;i.  :  I  ,..  .  :    n,/'  '  Your'»,  &c.,  ...'\'. 


Ccrtifie  conforme  a  la  lettrc  de  M,  M.  Conyngham  Ncfoitt  ct  Co.  qulcft  reilee 
•ntre  mes  mains  a  Philadelphie,  le  a6  Jnillct,  1793,  Tan  ad. 

GENET.' 


rfr-r^ 


PinLADKLrniA,  July  ii]t/.',  T793. 
Mr,  fi'fferfon^  Secretary  of  State,  to  Mr.  Genet,  MiiujLr  PLnipotenliary  of  Fi'iincs. 
Sir, 

YOUR  favor  of  the  9th  inftant,  covered  the  Information  of  Silvat  Ducr.mp, 
Pierre  Nouvel,  Chouquet  de  Savarence,  Gafton  de  Nogcre,  and  G.  Beuftier, 
that  being  on  their  paffage  from  the  French  Weft-Indies  to  the  United  States,  011 
board  merchant  veflelsof  tiie  United  Stats';  with  flavesand  merchandize  of  their 
property,  thefe  veffels  were  ftoppcd  by  Eritilh  armed  veiTcls,  and  their  property 
taken  out  as  lawful  pii/.c. 

I  believe  it  cannot  be  doubted,  but  that  by  the  general  law  of  nations,  the  goods 
of  a  friend  found  in  the  vclfel  of  an  enemy,  ar(;  free,  and  the  goods  of  an  enemy 
found  in  the  veiTcl  of  a  friend,  are  lawful  prize.  Upon  this  principle,  I  prefumc 
the  Britifli  armed  vclfels  have  taken  the  property  of  Frcnci\  citizens  found  in  our 
veflels,  in  the  cafes  ahovcmentioneil,  and  1  confcfs  I  fhould  be  st  a  lols  on  what 
ptiHtipk  to  rcclaiw  it.     1;  is  true,  that  funury  uuiious,  deuious  of  avoiding  tlw 


I 


^m       j^      »      /f 


inconvenltncics  of  having  tftclr  veCcl;  flopped  3t  fca,  r?.nfacKCiI,  carried  into  port, 
snd  detained,  under  pretence  of  having  enemy  goods  on  board,  have,  in  many  in- 
ftances,  introduced,  by  their  fpecial  trcuties,  pno'-hcr  principle  between  them,  that 
t nemy  Wtoms  fliall  make  enemy  ^oods,  and  friendly^  bottoms  friendly  goods;  a 
principle  much  lefs  cmbarrafling  to  commerce,  and  equal  to  all  parries  in  point  of 
gain  and  lofs  ;  but  this  is  altoj;ethcr  the  effcA  of  particular  treaty,  controling,  in 
i'pecial  cafes,  the  general  principle  of  tiic  lavir  of  nations,  and  therefore  taking  effedl 
between  fuch  nations  only  as  have  fo  agreed  to  control  it.  England  has  generally 
determined  to  adhere  to  the  rigorous  principle,  havirg  in  no  inflance,  as  far  as  I  re- 
colle<S:,  agreed  to  the  modification  of  letting  the  property  of  the  foods  follow  that 
of  the  vcfTtl,  except  in  the  finglc  one  cf  her  treaty  with  France. /Wc  have  adopted 
this  modification  in  our  treaties  with  France,  the  Uaited  Netherlands  and  Pruflia, 
and  therefore,  as  to  them,  our  \effels  cover  the  goods  of  their  enemies,  ^nd  we  lofe 
cur  goods  when  in  the  vcfTcls  of  their  enemies. /^Accordingly,  you '  will  be  pleafed 
to  rccnllcd,  that  in  the  late  cafe  of  Hollana  and  Mackie,  citizens  of  the  United 
States,  who  had  laden  a  cargo  of  flour  on  board  a  Britifh  vefliel,  which  was  taken 
by  the  French  frigate  Ambufcade,  and  brought  into  this  port ;  when  I  reckirher' 
the  cargo,  it  was  only  on  the  ground  that  they  were  ignorant  of  the  declaration  of 
war  when  it  was  fliipped.  You  obferved,  however,  that  the  14th  article  of  our 
treaty  had  provided  that  ignorance  Ihoiild  not  be  pleaded  beyond  two  mouths  after 
the  declaration  of  war,  which  term  had  elapfed,  in  this  cafe,  by  fome  few  xlays ; 
and  finding  that  to  be  the  truth,  though  their  real  ignorance  was  equally  true,  I 
declined  the  reclamation,  as  it  never  was  in  my  view  to  reclaim  the  cargo,  nor  in 
your^s  to  offer  to  reftore  it,  by  queftipning  the  rule  eftabliihed  in  our  treaty,  that 
enemy  bottoms  make  enemy  goods.  ^Vith  England,  Spain,  Portugal  and  Auftria, 
we  have  no  treaties,  therefore  we  hCvenofhing  to  oppofc  to  their  asfting  according 
to  the  general  law  of  nations,  that  enemy  goods  are  lawful  prize,  though  found  in 
the  bottoms  of  a  friend.  Nor  do  I  fee  that  France  can  fufFer  on  the  whole,  for 
though  ftie  lofes  her  goods  in  our  veffels,  when  found  therein  by  England,  Spain, 
Portugal  or  Auftria,  yet  Ihe  gains  our  goods,  when  found  in  the  Vcflels  of  England, 
Spain,  Portugal,  Auftria,  the  United  Netherlands  or  Pruflia  ;  and  I  believe  I  may 
fafely  aflirm,  that  wc  have  more  goods  afloat  in  the  veflels  of  thefe  fix  nations,  than 
France  has  afloat  in  our  veffels,  and  cdnfequaitly,  that  France  is  the  gainer,  and 
wc  the  Icfer,  by  the  principle  of  our  treaty  ;  iindeed  wc  are  lofei;s  in  every  direc- 
tion of  that  principle  ;  for  when  it  works  in 'our  favour,  it  is  to  fave  the  goods  of 
our  friends,  when  it  works  againft  us,  it  is  to  lofe  dtir  own,  and  wefhall  continue 
to  loie  while  the  rule  is  only  partially  eftabliihed.  /"When  we  fliall  have  eflablilhed 
it  with  all  nations,  we  ftiall  be  in  a  condition  neither  to  gain  nor  lofe,  but  Ihall  be 
lefs  expofed  to  vexatious  fearches  at  fea.  To  this  condition,  we  are  endeavouring  to 
advance ;  but  as  it  depends  on  the  will  of  other  nations,  as  well  as  our  own,  wc 
can  only  obtain  it  when  they  fliall  be  ready  to  concur. 

I  cannot  therefore  but  flatter  myfelf,  that  on  revifmg  the  cafes  of  Ducamp  and 
others,  you  will  perceive,  that  their  loffcs  refult  from  the  ftatc  of  war,  which  ha» 
permitted  their  enemies  to  take  their  goods,  though  found  in  our  veflels,  and  con- 
fequently,  from  circumftances  over  which  we  have  no  control. 

The  rudcncfs  to  their  pcrfons  pradlifed  by  their  enemies,  is  certainly  not  favorable. 
to  the  charader  of  the  latter.  We  feel  for  it  as  much  as  for  the  extenfion  of  it  to 
our  own  citizens,  their  companions,  and  find  in  it  a  motive  for  requiring  nwafurci 
to  be  taken,  which  may  prevent  repetitions  of  it. 

1  have  the  honor  to  be,  &c. 
V  Till    JEFFERSON. 


A     .t\ 


1 


t  Si   3 

Philadelphia,  .'l-i^'J  7th,  17^3, 
J^If    Jijrrjln  S.'iretjry  »f  f.j.'r,  to  Mr.  dr.it  Min'jler  *-ltit;potenliary  of  FriiHi.c. 

IN  a  Icitcr  of  June  5th,  I  liad  the  lionor  to  inform  you,  that  the  Prefidcnt,  af- 
tar  re-c.'inrKicring,  at  your  rcqncft,  the  cafe  of  velieh  armed  ^vithin  our  ports, 
to  commit  hoftiiJtics  on  nations  ^t  peace  v.'ith  tho  Univ:.'i.i  Hrates,  had  finally  de- 
termined, tl— t  it  could  not  he  adniiitcd,  and  defircd,  that  all  thofe,  \vhich  hi;d  beta 
lb  anncil,  Hiould  depart  from  our  ports.  It  being  underllood  afterv/rirds  that  thelc 
Yeirds  either  Ihll  remained  in  our  ports,  or  had  only  kit  them  to  cruife  on  our 
cnaits,  ard  letura  a^aiu  with  their  prizes,  and  that  another  vcirel,  the  Little  Dc- 
nuicruf,  hiid  been  fince  armed  at  l^hiladelphia,  it  Avas  deiircd  in  my  letter  of  the 
IJth.  of  July,  thAt  fuch  VL-ffils  with  their  prizes  ihould  he  dct-iined,  till  a  de"er- 
mination  fhauld  he  liad  of  what  was  to  be  done  under  thef,;  eireumftance.:.  la 
tiifrc-f^ard,  hov/ever  of  this  delire,  Uic  Little  Democrat  -..entout  iuimcdiateiy  on  a 
cruiiey 

T  h^ve  it  nov,'  in  charge,  to  Inform  you  that  the  Prefident  confidrrs  the  United 
J5tatA.*s,  as  hound,  pud'uant  to  politive  affurances,  given  in  ccnforniity  to  the  laws 
of  neutrality,  to  elteeluate  the  reilorat;ou  of,  or  to  mi;ke  compenfatlon  for, 
pr;7:cs,  which  Ihall  have  been  made,  of  any  of  the  pariit's  at  war  with  France, 
fuoK-qiient  to  the  fifth  day  of  June  laft,  by  privateers  fitted  out  of  our  ports. 

Tlxat  it  is  confcqliently  expecl-ed,  that  you  will  caufe  rc.lituhon  to  be  made  of 
all  prizes  taken  and  brought  into  our  ports,  fubfequent  to  the  above  mentioned 
day,  by  iuch  privateers;  in  defedlof  which,  the  Prefident  conliders  it,  as  incum- 
bent upon  tiie  United  States,  to  indemnify  the  owners  of  thofe  prizes.  The  in- 
demnification to  be  reimburfed  by  the  French  nation./ 

That,  befides  taking  cPiicaciotis  meafaresto  prevent  the  future  fitting  out  priva- 
teers in  the  ports  of  the  United  States,  they  will  not  give  affylum  therein,  to  any 
which  fhall  have  been  at  any  time  fo  fitted  out,  and  will  caufe  rellitution  of  all 
lucli  prizes,  as  fhall  be  hereafter  brought  within  their  port?,  by  any  cf  the  faid 
privateers. 

It  would  have  been  but  proper  rc{\^l  to  the  authority  of  the  country,  had 
that  been  confulted  before  thcfe  armaments  were  undertaken.  It  would  have  beca 
i'atisfadory,  however,  if  their  fenfe  of  them,  when  declared,  had  been  duly  ac- 
quiefced  in.  Reparation  of  the  injury,  to  which  the  United  States  have  been 
made,  fo  involuntarily  inftrumental,  is  all  wliich  now  remains,  and  in  this  your 
compliance  cannot  but  be  expeded,  Y 

In  confequence  of  the  informatidn  given  in  your  letter  of  the  4th  inftant,  that 
certain  citizens  of  St.  Domingo,  lately  arrived  in  the  United  States,  wl.  aflbci- 
ating  for  the  purpofe  of  undertaking  a  military  expedition,  from  the  territor)'  of 
the  United  States,  againft  that  ifland,  the  Governor  of  Maryland,  witiiin  which 
Itate,  the  expedition  Is  underftood  to  be  preparing,  is  initrudcd  to  take  cffedluai 
*aeafurci  to  prevent  the  fame. 

^  I  have  the  honor  to  be, 

,  .  ,  With  great  refpcdl,  <■  '    •  * 

'  ■'  *     '  '  ■       ■ '  .  .:     r         si»-. 

,    ,    .  ,.  ,    ,,   J  ..  .  Your  moft  obedient,  and 

,     .  '.   !    1,         -  nioft  humble  fervant,  * 

•    'j  V      ,    ■  ',  ..-,.■  :'  Tu:  JE  FFERSO  N. 


K 


V; 


Philadelphia,  Augujl  i6th,  1793. 
JUr.  ^••jftrfony  Sieretary  of  State,  to  ATr.  Morris,  Minijhr  P'cni^^otintiury  cf  tic  Vniiti ^ 

Siuics  ivit/j  i/jjKeJmilL'  of  France.   ■ 
Sir, 

TN  my  letter  of  June  l^th,  I  inclofedto  you  the  copies  of  fev;*rallcttcrs,  which 
had  paffed  between  Air.  Ternant,  Mr.  Genet,  and  myfclf,  on  the  occurences  t« 
which  the  prefent  war  had  givtrn  rii'e  within  or.r  I'.ortr.  The  objei5l  of  this  com- 
munication was  to  enable  you  to  (Explain  the  principles  on  which  our  oovernment  v/a$ 
•snduAing  itfelf  towards  »h«  bellijjercnt  pp.rtics ;  principles  wliich  ftjight  un^  ia  aU 

Jl 


X 


X 


I 


[     5?     1 


11,1 


I 


«i\i'<.»  L'j  fatIsf:n5lory  to  all,  kit  ^-ere  meant  to  b:  juft  and  impartul  to  all.  Mf. 
Citnet  hiid  been  then  but  a  little  time  with  us  ;  and  but  a  little  more  was  ne- 
cclTary  to  dtVdopc  in  hhn  a  chiradcr  and  condu(5l,  fo  unexjiccltd,  aT?d  fo  extr;-.- 
or  JIuuryyas  to  place  us  In  the  moft  dillrcfiing  delcmma,  between  our  regard 
for  his  T:.ition,  wliich  is  conilunt  and  fiiicere,  and  a  regard  for  our  laws,  tJ  e 
authority  of  which  niuft  be  maintained ;  for  tlu  p^'ace  of  our  country  whirh 
the  executive  majriftiate  is  charged  to  prcferve ;  for  its  honour  offended  in  the 
perl'ou  of  that  miigiftrate ;  and  for  its  cbaradler  grofsly  traduced  in  the  conver- 
'.'ntions  and  letters  of  this  gentleman. /in  the  cpurfe  of  .hcfe  tranfadlions,  it 
lius  been  a  grer.t  comfort  to  us  to  believ^  tbat  none  of  them  were  within  the  inten- 
tions or  cxpe<iVations  of  his  employers.  Thcfe  had  been  too  recently  cxpreffed  in 
acts  which  nothing  could  difcoloiir,  in  the  letters  of  the  executive  council,  in  th* 
letters  and  decrees  of  the  National  Affembly,  and  in  the  general  demeanor  of  the 
r.atioh  towards  us,  to  afcribe  to  them  things  of  fo  contrary  a  charadter.  ,,''Our  f.rlt 
duty,  therefore,  was  to  draw  a  Itrong  line  between  their  intentions,  and  the 
proceedings  of  their  iiiiniRer  ;  our  fecond,  to  lay  thofe  proceedings  faithfully  be- 
fore them.  / 

On  the'clcclaration  of  v.ar  between  France  and  England,  the  United  Statei  be- 
ing at  pcice  wirh  both,  their  fituation  was  fo  new  and  uncxpcricncci  by  them- 
felvcs,  that  their  citizens  were  not,  in  the  firft  inftant,  fenfible  of  the  new  duties 
refuUing  therefrom,  and  of  the  reftraints  it  would  impofe  even  on  their  difpoftliont 
towards  the  belligerent  powers.  Some  of  them  imagined  (and  chiefly  their  tran- 
fient  fea-faring  citizens)  that  they  were  free  to  indulge  thofe  difpofuions,  to  talrc 
fide  with  cither  party,  and  enrich  thcmfelves  by  depredations  on  the  commerce  of 
tl.e  other,  and  were  meditating  cnterprifcs  of  this  nature,  as  there  was  reafon  to 
believe.  In  this  ftatc  of  the  public  mind,  and  before  it  fhould  take  an  erroneous 
diredlion,  diilicult  'to  be  fet  right,  and  dau'.verons  to  thcmfelves  and  their  country,  the 
Pivlident  thought  it  expedient,  tlirough  the  channel  of  a  proclamation,  to  remind 
cur  fellow-citizens,  that  wc  were  in  a  ftatc  of  peace  with  all  the  belligerent  pow- 
ers, that  in  that  Rate  it  was  our  duty  neither  to  aid  nor  iiijuvc  any,  to  c.xliort  and 
warn  them  againft  au'ts  which  n\ight  contravene  this  duty,  and  particularly  thofe 
of  pofitive  hoftility,  for  the  punifnmcnt  of  which  the  laws  would  be  appealed  to  ; 
and  to  put  them  on  their  guard  alfo  as  to  the  rilks  they  would  run,  if  they  Ihould 
attempt  to  carry  articles  of  contraband  to  any.  This  proclamation,  ordered  on 
the  19th,  and  figned  the  lad  day  of  April,  was  fent  to  you  in  my  letter  of  the 
a6th  of  the  fame  month. 

On  the  day  of  its  publication,  we  received  through  the  channel  of  the  nc.vfpi- 
pcrs,  the  firft  intimation  that  ATr.  Genet  had  arrived  on  tlic  Sth  of  the  montk 
at  Charl-jfton,  in  charaiSlcr  of  minifler  plenipotentiary  from  his  nation  to  the  Unit- 
ed States,  and  foon  after,  that  he  had  fent  on  to  Philadelphia,  the  veflel  in  which 
he  came,  and  would  himfelf  perform  the  journey  by  land.  His  landing  at  on«5  of 
the  moll  diilant  ports  of  the  Union  from  }iis  points  both  of  departure  and  dellina- 
tion,  was  calculated  to  excite  atttntlon,^'^md  very  foon  afterwards  we  learnt  that 
h:  was  undertaking  to  authorife  the  fitting  and  arming  of  vcflels  in  that  port,  en- 
lifliiig  men,  foreigners  and  citizens,  and  giving  them  coinmifTions  to  cruifa  and 
commit  hoftilities  on  nations  at  peace  with  us,  that  thefe  vcir.'ls  were  taking  and 
briiijring  prizes  into  our  ports,  that  the  confuls  of  Trance  were  afluming  to  hold 
courts  of  admiraly  on  them,  to  try,  condemn,  and  authorife  their  fale  as  legal 
prize,  and  all  this  before  Mr.  C^enct  had  prefcntcd  himfelf,  or  hii  credentials  to 
tlr^  Prefident,  before  he  was  received  by  him,  without  hisconfcntor  eonfnltation, 
and  directly  in  contravention  of  the  ftate  of  peace  cxiflir.g,  and  declared  to  cxill 
in  tiiC  Prefident'b  proclamation,  and  incumbent  on  him  to  prefervc  till  the  confli- 
tut.cnal  authority  iliould  otherwife  declare,  /"rhefe  proceedings  became  immedi- 
ately, as  was  naturally  to  be  expcded,  the  fubjciSl  of  comph'.int  by  the  rcpreftntative 
here  of  that  pov.er  againll  whon\  they  would  chiefly  operate.  The  BritKh  mini- 
ftcr  prefcntcd  feveral  memorials  thereon,  to  which  we  gave  tiie  anfwcr  of  May  15th 
heretofore  inclofed  to  you,  correfponding  in  ful)(tance  with  a  letter  of  the  fam« 
^iat",  wiittea  tv  Mr.  Tenant,  tlic  mirwiler  of  France  then  relidin^  herc^  a  c«py 


[    S7    i 


•f  whlcli  I  fund  herewith. ,  On  the  next  day  Mr.  Genet  rrached  this  {.lace,  abouB 
five  or  fix  weeks  iifterhe  hau  arrived  at  Charlcfl.on,arid  miglit  havclj^cn  at  PhiladeN 
phia,  if  lie  liatl  iii\red  for  it  diredily.  II«  v/as  iinnvjdlAtely  pivf.-iifcd  to  tli  •  Pre 
dent,  and  received  liy  him  as  the  minift.'r  of  theR'iuiMic  ;  ;'.nd.;s  the  ccnduil  \w.- 
fore  ftated  feemod  to  befiieak  a  ucfiy^n  of  forcin"  us  ir.to  the  w.ir,  without  allowini^ 
us  theexercife  oi  any  free  will  in  the  cafe,  nothiii"- could  be  mor?  p.fTuv.'nmr  t!u.n 
his  anuranccs  to  the  Profiueut  at  his  reception,  which  he  repeated  to  me  aucr.va'-di 
in  convcrfation,  atul  in  public  to  the  citizens  of  Phllu'.'e'iphia,  in  anf.ver  :o  :^;i  ?.J- 
drefii  from  them,  that,  on  account  of  our  remote  lituition  and  other  c-.rcuvr.irincca, 
France  did  not  expecV  that  we  flioidd  become  a  partit  t«  tr^e  war,  but  wifhiod  to 
fee  us  purfucour  projperlty  r.nd  liappinef*  in  peace.  /In  a  ccnvejfaLion  a  few  >!  lyg 
after,  Mr.  Genet  told  me  chut  M.  de  Ternunt  hid  delivered  him  my  htJer  (f  M.iy 
15th,  he  fpoke  fomcthing  of  the  cafe  of  t!ie  Grange,  a'.id  then  of  the  armament 
at  Chariellon,  explained  the  circumftanccs  which  had  led  liim  to  it  bcfor;'  he  h^id 
been  received  by  the  Government,  and  ccmfnlted  its  v.'ill,  exprcTcd  a  Iirpo  tli.it 
the  Prefident  had  not  fo  alfolutely  decided  ajainft;  the  meafure  but  that  h.e  would 
hear  what  was  to  be  fuid  in  fupport  of  it ;  that  he  would  write  me  «t  letti.r  on  t!i« 
fubjecl,  in  whicli  he  thought  lie  could  jnftify  it  under  our  treaty;  but  ih;it  if  t'l-.: 
Prefident  Ihould  finally  detcri.iiuc  otherwife,  he  mufc  fubmit :  for  that  afrurediy 
hi»  inuruclions  were  to  do  vi^hat  would  be  agreeable  to  us.  He  accordingly  wrote 
the  letter  of  May  27,  the  Prefident  took  the  cafe  a^avi  into  confiderniion,  and 
found  nothing  in  tliat  letter  which  could  fiiake  the  grounds  of  his  former  decifior,. 
My  letter  of  June  5th,  notifying  this  to  him,  his  of  June  8  and  (4,  mine  of  the 
17th  and  his  again  of  the  zii\,  will  iliew  v.hat  further  pafied  on  thi.  fabjefl,  and 
that  he  ^vas  far  from  retaining  his  difpofition  to  acviulefce  in  the  uitiinate  will  of 
the  Prefident.  , 

It  would  be' tedious  to  purfiie  this  and  our  fubfequent  corrcfpondenclcs  throrc;h 
•all  their  details,  y Referring  therefore  for  thele  to  the  letters  themfelves,  which 
fnall  accompany  this,  I  will  pvefent  a  fummary  view  only  of  the  pointj  of  dhfcr-. 
cnce  which  have  arlf:n,  and  the  grounds  on  which  they  reft.  ,,  ' 

I  ft.  Mr.  Genet  idfei-ss  his  right  of  arminf  in  our  ports,  and  of 
cnliftinj  our  citizens,  and  that  we  have  no  riglit  to  ivftrain  him 
or  punilli  them.  Examining  this  qup ftiou  under  the  law  of  nations. 


Letters,  June  8. 

S2.  I.  May  37. 


fcund'.'d  on  tiie  general  fenfe   and 


Tape  of  mankind,  we  have 
produced  proofs  from  the  mod  enlightened  and  approved  writeri 
on  the  fubjecT:,  that  a  neutral  nation  nnift,  in  alj  tliin.^'s  relatin^j 
J.  1.  •»V4.^Q  j.,^^  .^^j.^  obferve  an  exai5:  impart iiility  towards  th;  parties ;   that 
favours  to  one  to  the  prejudice  of  the  otlier,  would  inij.ort  a  fraudulent  neutrality, 
f  which  no  nation  wou'd  be  ti\e  dupe  ;  that  no  fucioir  il'.ould  be  j;-iven  to  either 


June   17 
VattcU 


f.  104. 


ry,  without  its  confent ;  and  he  who  does,  m::ybj  rightfully  and  fuverely  puniflied  : 
that  if  the  United  States,  have  a  rl;.;ht  to  rcfufe  the  pcnnillion  to  arm  v>.T;'eh  an^ 
raife  men  within  their  ports  and  tcrrii.uiies,  they  ai-o  bound  b/ the  la-.v.  of  neu- 
trality to  exercife  that  rio lit,  and  to  prohibit  fucli  avniament  ■■  ami  ;:!iiilm<nus.  To 
thefe  principles  of  the  law  of  nation:';,  Mr.  Genet  anlvv.M-s  by  callui--  them'  diplo- 
,  ,  ^  matie  fabtietie-,,'  and  '  aphoriiin"  of  Vattel  and  others.'  But  fomething 
June  22.  j^^^^g  jj^.^jj  this,  isneocflaVy  to  dlfprovc  tlicm  :  ind  till  they  iU'c  di (proved, 
we  hold  Ic  certain  that  the  law  of  iiatiofiS  and^  tli.:  ii'.les  of  neutraat.y.  forbid  eur  ^ 
permitting-  either  parly  to  r.rm  in  our  ports. ^* 

„        IJut   Mr.   Genet  lays,  thaf    the  9  2d  article  of  our  treaty  alU-.wi 

j:mi  22.  6.  j^ji^^  ,^y;,.,y;./v  to  ;ir,n  in  our  ports.     Wliy  liu-i  he.  not.  .luotod  the  very 

v/ovds  of  that  article,  <:\/:>j:iy  allowin;;  it  .'  For  that  would  have  put  an  end  to  all 

further  quellion.     The  words  of  the  artieh;  ;ue,  "  It  fiuU  not  he  lawful  fur  any 

^j.ei"!!   '  rlvA!eev5,  ugt  bvloivin';-    to  rub'-^eii  of  tuc  Moll  Chuhiau  Kin;j-,  uqy 


'/ 


I'U' 


:,  ! 


•i 

4' 

\  n 


M 


[    6«    ] 

fitlzcns  of  the  fulJ  United  States,  who  have  ccnv-nlflions  from  any  prince  of  ftite 
in  enmity  with  cither  nation,  to  fit  their  fliips  in  the  ports  of  either  the  one  or 
the  other  of  the  aforcfald  parties."'    Tranflatc  this  frcm  the  f;eneral  tcrmr.  In  which 
it  here  Hands,  into  the  fpccial  cafe  produced  hy  tic  prelcnt  war.     "  Privateers  not 
belonping  to  France  or   the  United  States,   and   having    ccmminions  frcm  the 
enemies  of  one  of  them"  are,  in  the  prefcnt  flate  of  things,  "  Eritilh,  Dutch  and 
Spanifh  privateers."     Sulftituting  thcfe  then  for  the  equivalent  terms,  it  will  (land 
thus,  "  It  fliall  not  be lav.ful for  Eritifh,  Dutch  or  Sjunifli  privateer?,  to  fit  their 
Ihips  in  the  ports  of  the  United  States."     !s  this  an  ry/u-ffs  permifhon  to  France  to 
do  it  ?  Does  the  negative  to  the  enemies  of  France,  and  filence  as  to  France  herfclf, 
imply  an  affirmative  to  France  ?  Certainly  not :  It  leaves  the  qneftion,  as  to  France, 
open  and  free  to  be  decided  according-  to  circumftanccs ;  and  if  the  parties  had 
meant  an  affirmative  Uipulation,  they  would  have  provided  for  it  exprcfsly  ;  they 
would  never  have  left  fo  important  a  point  to  be  inferred  from  mere  filence,  or  im- 
plication.    Suppofe  they  hud  dcfired  tnriiipulate  a  rcfufal  to  their  enemies,  but  no- 
thing as  to  thomfclvcs ;  v.-h?.t  form  of  exprcffion  would  they  have  ufcd  .'   Cortain^y 
the  one  they  have  ufed ;  an  esprefs  fciouhition  as  to  their  enemies,  iind   filence  a$ 
to  themfelv'js.  *''And  fuch  an  intention  corrcfponds  not  only  with  the  words,  but 
•with  the  circumilances  of  the  times.     It  was  of  vabe  to  each  party  to  exclude  it» 
•ncmies  from  arming  in  the  ports  of  the  other,  and    could,  in  no  cafe,  eniharrafs 
them.     They  therefore  ftipuUued  fo  far  mutually.     Tut  each  might  be  embarrafied 
by  permitting  jhe  other  to  arm  in  its  jiorts.     They  therefore  would  not  ftipulate  to 
permit  that.  ''Let  us  go  hack  to  the  Hate  of  things  in  France  when  this  treaty  wat 
made,  andvv^e  flii'll  find  feveral  cafes,  wherein  France  could  not  have  permitted  us 
to  arm  in  her  ports.     Suppofe  a  war  between  thefe  ftates  and  Spain.     We  know, 
that  by  the  treaties  between   France  and  Spain,  the  former  could  not  permit  the 
enemies  of  the  latter  to  arm  in  her  ports.     It  was  honeft:  in  her  therofore,  not  to 
deceive  us  bv  fuch  a  fllpr.lation.  / Suppofe  a  war  between  thefe  ftates  and  Great- 
Eritnin.  By  the  treaties  between  France  and  Great-Britnin,  in  force  at  the  fignaturc 
of  ours,  w--?  could  not  have  been  permitted  to  arm  in  the  ports  of  France.     She 
c£)uld  not  then  have  meant,  in  this  article,  to  give  us  fuch  a  right.     She  has  mani- 
fcfted  the  fame  fcnfo  of  it  again,  in  her  fubfcquent  treaty  with  England,  made 
right  vffars  ufter  the  date  of  ours,  ftipulatlr.g,  in  the  l6th  article  of  it,  as  in  our 
*cd,  that  foreign  privateers,  not  bcin^f.hjcfh  of  either  ers^yn,  fhoulc!  net  arm  againft 
cither  in  the  ports  of  the  other.     If  this  had  amounted  to  an  affirmative  ftipnlation, 
that  the  fubied^f  of  the  other  crown  might  arm  in  I'.er  ports  ayainjl  u.r,  it  would  have 
been  in  direct  contradidlion  to  her  22d  article  with  us.     So  that,  to  give  to  thefe 
negative  Hipulaticns  an  affirmative  cffotft,  is  to  render  them  inconfiflcnt  with  each 
other,  and  with  good  faith  :  To  give  tliem  only  their  negative  and  natural  effed,  is 
t-:  reconcile  them  to  one  another,  and  to   good  fait|i,  and  is  clenrly  to  r.dopt  the 
fciifc  in  which  France 'herfelf  has  expounded  them.  ■' We  may  juflly  conclude  then, 
ih,;t  the  article  only  obliges  us  to  refnle  this  riglit,  in  the  prefent  cafe,  to  Great- 
iiriiain  ai:d  t!ie  other  enemies  of  France.     It  dft-;  not  go  on  to  give  it  to  Fr-mce, 
rjthjr  c.vprcl'-.iy  or  by  implication.     We  may    then  refufe  it.*   And   fince  ve  arc 
hound  hy  treaty  to  rcfafc  it  to  the  one  pr-rry,  ar.d  ;;re  free  to  refufe  it  to  the  other, 
we  arc  boi'nd  by  the  laws  of  reutrality,  to  refufe  it  to   that  other.^The   piding 
either  party  then,  with  vclfv.! :,  arms  or  men,  being  unlawful  hy  the  law  of  nations, 
and  net  rendered'awful  by  the  treaty,  it  is  madt-  u  (^ucfiion,  Whctlitj. our  citizens, 
ioining  in  thefe  unlawful  enterprizes,  may  be  punilhed  ?  The  United  States,  being 
in  a  itatc  of  peace  wltli  moll  of  the  belligerent  powers  by  treaty,  and  with  all  of 
them  hy  tiu:  lav>s  of  nature,  murders  and  robh^Ties,  committed  by  our  citizens. 
Within  (-ur  territory,  or  on  the  hi^h  (lao,  on  thofe  v.-ith  whom  we  are  fo  at  peace, 
;.n,  punifiiablc,  equally  as  if  coinmlttcd  on  our  own  inhabitants.     If  I  r-'':';)it  venture 
t©  rcafiyu  a  little  f.;rmally,  without  being  char;;eii  with  running  into  ♦'  fubtleticsnnd 
apforilms,"  I  vould  fay,  tl.at  if  cnc  citi/en  h;.s  a  right  to  g"  to  wr.r  of  his  ov. n 
»utl::;ity,  every  citizen  hfs  the  fame.     If  evury  citizen  l-as  that  right,  then  the 
IIIUaui  ^which  is  crrr.pcfed  of  all  its  citizens)  has  a  rijjht  to  go  to  war,  by  ih^ 


[  ii  ] 

juthcfity  of  ItG  indivldn?.!  citizens.  Biit  this  is  not  tm;,  eithsr  on  the  r'.ncnX 
principles  ox'"  focii  ty,  or  by  our  coiiftitution,  vliich  j;iv':j  thut  power  tu  cono-rt »"» 
alone,  and  r.ot  to  the  citizens  inflividually.  Tl"  n  the  firft  pofition  v.':;5  rot  t'rur  ; 
snd  no  citizen  huR  a  ri}';ht  to  go  to  war  of  liis  on'n  authority  ;  and  for  v/hat  lie 
docs  without  ri^ht,  he  ought  to  be  punlfhi.-d.  Incloeil  nothinj;  can  b;:  niore  obvi- 
rufly  abfurd,  than  to  fay,  th;it  :\11  the  citizens  may  be  at  war,  and  yet  the  nation 
at  peace.,' It  has  been  pretended,  indeed,  that  the  cngagcme!'-.  of  a'citizen,  i^i  ?r. 
euterprize  cf  this  nature,  was  a  divefinicnt  of  the  charadtcr  of  a  citi/en,  and  a 
transfer  of  jurifdiiSlion  over  him  to  another  fovereign.  Our  citizens  jtc  c-rtainlt 
free  to  diveft  themfcives  of  that  charaifler,  by  emi;:;rafio'i,  and  other  aits  r.ianifeft- 
ing  their  intention,  and  may  then  become  the  fubjetfU  of  another  power,  and  frcir 
t o  do  whatever  the  I'ubjoiis  of  that  power  may  do.  But  the  kiws  do  nor  ad- 
mit, that  the  bare  comminion  cf  a  crime  amounts  cf  itfelf  to  a  diveftnicnt  of  th« 
characTier  of  citizen,  and  withdraws  the  criminal  from  th-'ir  coercion.  Thev  woidd 
never  prefcribc  an  illegal  adl  anioiij^  the  lejral  modes  by  wliich  a  citizen  mijjht  dis- 
franchife  himfclf;  nor  render  treafon,  for  inftanec,  innocent,  by  g^vinq^  it  ths 
forrc  of  a  difiolutlon  (  f  the  obligations  of  the  crimfnil  to  his  country.' Accurdir.cir, 
in  ihe  cfe  oflicrficld,  a  citi-ieu  of  thele  ftatcs,  charged  with  haviilg  engag.-iu,  in 
the  port  of  C'larleilon,  in  ?.n  er.terprize  againil  nations  at  peace  witli  u,;,  und  witli 
having  joined  in  the  u(ftu.d  commifTion  oi  hoflilities,  the  Attorney  (General  of  thr 
United  States,  in  an  "fficial  opinion,  declared,  that  the  ".ci,  with  which  he  was 
charged,  w;ispnni{liable  by  law.  The  lame  thing  has  been  unan'moufiy  declared 
by  two  of  the  circuit  courts  of  the  United  States,  as  you  will  lee  in  the  charges  of 
Chief  Juflice  Jay,  delivered  a'.  Richmond,  and  Judge  Wilfon,  delivered  at  I'J-'ila- 
dclphia,  both  of  whieh  are  herewith  Hut.  Yet  Mr.  Genet,  in  the  mornent  he  land* 
at  Charlefmn,  is  able  to  tell  the  Oovernor,  and  continues  to  afiirm  in  his  corref- 
pondence  here,  that  no  law  cf  the  United  States  authorifes  their  government  to 
rcitrain  cither  its  own  cltizex;s,  or  the  foreigners  inhabiting  its  territory,  from 
\van-ing  agaimc  the  enemies  of  France.  .,  It  is  true,  indeed,  tht'.t  iu  the  cife  oi  Fien- 
field,  the  jury  -.vhieh  tried,  i.hfolved  hitn.  But  it  appeared,  on  the  trial,  tiu:t  the 
crime  was  not  knowi:igly  and  wilfully  comrnitted ;  that  Heni'ield  was  ignorant  oi' 
the  unlawfiilnefs  of  his  urd'.  !"t;;lilng  ;  that  in  the  moment  he  w.'s  apprifeJ  of  it,  h: 
ihewcd  real  contiition ;  that  he  ]..\A  re:ide;ed  mcritorlou3  fervices  during  the  late 
war,  and  declared  he  would  live  and  die  an  American.  Tlie  jury  therefore,  in 
abfolving  him,  did  no  more  than  the  conRitutional  anihority  might  have  done,  had 
tliey  found  himgudty;  the  conftitiition  h.aving  provided  for  the  pardon  of  offence* 
in  certain  cafes,  and  tliere  being  no  cafj  wh.ere  it  could  have  been  more  proper  than 
where  no  cffcnce  was  contemplated.  Henfield  thcrofo'-c  was  ft  ill  an  Ameriran  cirj. 
/en,  and  iVIr.  Gene;'s  reclamation  of  hu;i,  was  us  unau''  .orifed  as  the  iirll  cnliilment 
Ci  Ir.m.  I 

ad.  Another  do.^rine  a-'vanced  by  Mr.  Cenct  is,  That  our  courts  can  take  nn 
fogur/.auce  of  queftions,  \Vhct]:cr  velfels /vA7 /.^y  f'j^'hs  as  prizes,  are  lav;ful  prizes 
or  rot  :  That  this  jurifdiLlion  belongs  exclufively  to  their  conudales  liere,  which 
have  been  lately  crcdled  by  the  National  AlT^mbiy,  into  complete  courtuof  admi- 
r^hy. 

Let  us  consider,  fiyfl;.  What  is  tlic  extent  of  the  jurifdivTlion  which  the  coniulatns 
cf  France  may  rightfully  e;.'cre"l-.'  h'.re.  Every  nation  !)an  of  natural  right,  entirely 
End  exclufively,  alj  tlie  jarifdit'^i-on  which  may  be  rightfully  c;:ercifed  in  the  territory 
it  occupies,  if  it  cedes  any  portion  of  tiiat  iur;iUi(!'tion  to  judges  appoitued  by  ano- 
ther nation,  the  limits  of  their  power  mail  depend  on  tiie  inftrunicnt  of  ci'Ilioi. 
The  Unlt-ed  States  and  Fran'^e  have,  by  their  confuhir  convention,  given  mutually 
;>  their  confiils,  iurifdivffir'n  in  certain  c.'.fes  fpceialiy  enumerated.  ]>iit  thiit  con- 
vm^i  -        -  -  - 

in  th 


!;iv.'s  to  nci'  i.er  tlu:  power  of  eil  iliIiniingcon;plete  courts  of  admiralty  with- 
n  the  territory  of  t-ho  other,  nor  even  of  deciding  the  particidar  qMedion  of  prize  or 
i  't  ])ii/e.  'J'lie  coniulate«  f^f  Fr:'nce  then  cannot  ta?-e  judicial  coguizaneo  of  thofs 
tu'itions  here./  Of  this  oninion  Mr.  Cenct  was,  wluui,.  wrote  his  letter  of  May 


O 


i 
,i 


•; ;  t.').  V,  here!';  r.e.  prer-i'-'c.-.  ,c  ecrr(;o\  the  error  of  the  conful  at  CIv.irlcrcon,of  whom 


[  'i  ) 


I 

■fr 


'i  ( 

;  ■ 


In  my  letter  of  the  X5th,  1 1;:'.J  ccmplainec!,  as  arrej;?.ti'.ng  to  himf^lf  that  j;irIAli<Sioi, 
-,  thouvh,  in  liis  I'liMtq'.i'  nt  Ictttrb,  he  has  thou;  lit  propLf  to  embark 

]lut  the  United  States,  at  the  f-nie  liin^  do  not  pretend  any  right  to  try  the  va- 
lidity of  captures  made  r ;  ifjj  h'lj^h  /.-.rs  by  Fruncc,  or  ;'.ny  other  nation,  over  its  cne- 
rain.  Thefe  qiicrJons  belong,  of  conimon  vfa^e,  to  the  fovereign  of  the  captor, 
and  whenever  it  is  necefTury  to  deternrr-e  tl'.em,  rtfort  miifl.  be  had  to  hij  tcnrts. 
Ihis  is  the  cafe  provided  for  in  the  i  7  th  article  of  tlie  treaty,  which  fays,  that  fucii 
prizes  lh;'.ll  not  be  arreAcd,  nor  ccjjnizance  taken  of  the  validity  thereof;  a  ftipu- 
Ltion  much  infilled  on  by  Mr.  Centt  and  the  eonfuU,  and  which  we  never  thoiiorht 
«f  infringing  or  qucIlio;iii)j.  As  the  validity  of  captures  then,  niada  en  the  hi^b 
fuis,  by  I'rance  over  iff)  en*jr.ics,  cannot  l^e  tried  within  ihe  United  .'states  by  their 
confnls,  fo  neither  can  it  by  our  courts.  /Nor  is  this  the  cpefHon  between  us,  tho' 
Ave  have  been  niifled  into  if.  ' 

The  real  queilionis,  Whether  the  United  States  hav.-  not  a  right  to  protect  vc.Tel* 
•within  their  waters,  ard  cp  their  CGufi:s '  'Ihc  Grange  wa^  taken  v;ithin  t'^  Dela- 
ware, bctwem  th..-  flioies  of  Juft/  and  of  the  Delav^are  flate,  and  fcvcra  i  miles 
above  its  mouth.  The  fei^ing  her,  was  a  fla;!;rant  viokuii-ii  cf  tlie  juiifdiouon  of 
the  United  States,  Mr.  Ceni;t,  however,  inilead  of  ?pi;lojiirmg',  tidtesj-Teat  merit, 
in  his  letters,  for  givir.;:;  her  up.  The  Willium  :;  laid  to  h.;vc  been  taken  withiu 
two  miles  of  th'-  Ihores  01  the  United  .'states.  Wii^n  thcaJmirahy  dcrluied  eoj;;!i- 
zance  of  the  cafj,  Ihe  w:i«.  delivered  to  the  French  corfiil,  i.ceording  to  my  IcHl  l 
cf  June  25th,  to  be  kejt  till  the  r.::ei;ui;ive  cf  the  United  .States  lliould  exan.ine  into 
the  cafe;  and  Mr.  Genet  was  defired,  by  my  1  ;tu.r  of  June  29th,  n;  h.ave  them 
furniihcd  with  the  evidence,  on  behalf  of  the  cupturs,  as  to  the  plaee  of  capture. 
Ytt,  to  this  day,  it  Las  never  been  done.  The  brig  Fanny  v.  as  alleged  to  be  tak^u 
within  five  miles  from  our  Ihrre.  'I'hc  Ci^iharii'.e  \<ltliin  two  milea  and  a  half,  it 
is  an  ciVcnlial  attribute  of  the  jurifdidion  cf  every  country,  to  prelirvc  peace,  to 
piuiilh  ads  in  breach  of  it,  and  to  rcftore  property  taV'?n  by  force  wuhin  its  limits. 
Were  the  armed  veffel  of  any  nation,  to  cut  a^vay  one  ot  cur  own  from  the  wharves 
cf  Philadelphia,  and  to  chv.fe  to  call  it  a  prize,  v.-cu'.d  this  exeludc  us  fiom  the 
right  of  redreiiing  the  wrong  ?  Were  it  the  vcird  of  i-.nother  nntir.n,  are  we  no :, 
equally  bound  to  proteA  it,  while  v.'Ithln  our  limits  ?  Wer:  it  fei^cd  in  any  other 
wiatcrs,  or  on  the  ihorcs  of  the  United  StuLcs,  the  right  of  redieiling  Is  fiill  the 
fame  :  And  humble  indeed  would  be  our  condition,  were  Vv'c  obliged  to  depend, 
frr  that.sgn  the  will  of  a  foreign  ecniul,  or  on  negociation  with  diplomatic  agents'. 
Accordingly,  this  right  of  protection,  within  its  w.Uers,  and  to  a  reafcnabW 
diftance  on  its  co.'.Hs,  has  been  a.kncwledged  by  every  :;:;tion,  ;xd  denied  to  none  ; 
and  if  ti»e  property  feizcd,  be  yet  witJuntli.  •  •  power,  it  is  tlieir  rij^ht  and  duty  tq 
rccrcfs  the  wrong  thcn-.felve:. — France  herle.f  lias  afilrted  tlie  right  in  hc";f;,if,  ami 
recognized  it  in  us,  in  tl;c  Cih  arJelc  of  our  treaty;  ^herc  v.v  mutually  llipulate, 
tliat  we  v;iil,  by  all  thfv:ea.rs  in  "ur  pvivfr,  (not  by  negi  ■;'.ition)  protect  and  defend 
e.ich  other's  velieh'.  and  eU'edls,  in  cur  ports  or  roads,  oi  en  tlie  leas  near  our  coun- 
tries, and  recover  andrellorc  the  fame  to  the  ri-hr  owners.  The  United  Nethtr- 
lands,  rrufiuiand  ijwedenj  i»avc  recognized  it  ai.'s,  •:i  ti'.aii:  3  with  us;  ard  indeed 
it  is  a  Ibnding  formule,  inferted  iu  almell  all  the  tre-tico  A  aUnationi,  undj-rovirg 
the  principle  to  be  acknov.kdped  by  all  nations.  / 

liow,  andby  what  organ  of  the  government,  whelher  jv.dielary  or  executive,  it 
fhail  be  rcdrefled,  is  not  yet  pcrf  cliy  fettled  with  u--.  -'(>ne  of  tho  fubordin -.te 
fcurto  of  admiralty,  bus  been  of  opinion,  in  the  firft  inllar.cc,  in  the  cafe  of  th'i 
fiiip  V.'iiliam,  that  it  decs  not  belor.g  to  the  judieiar/.  Another,  perhaps,  in':y 
be  of  a  contrary  opininn.  The  <pjtftion  is  flill  fubjudice,  and  i..i  i!p]>erl  to  ti..j 
court,  oflaftrelbrt,  will  decide  it  finally.  If,  tinully,  the  judiciary  Ihall  deck.re, 
that  it  does  rot  belong  to  the  <:i\,il  authority,  it  tl'ii.n  refults  to  the  exceudvc, 
charged  v.'ith  the  dircC>io!i  of  tlu;  rrU-i^iry  f(n-ee  of  the  unlcn,  and  tlie  cor.dudt  of 
its  affairs  with  foreign  natien:.  •'I  i;t  this  :;;  a  mere  quellion  oi   internal  arrangc- 


HiMi'.i<i  betv/een  th-  dif^.-rtn:  utpiuimciit    c  f  the  gov.; tunc). t^  depending 


dm 


.-en^Ij 


r  h    ] 

|)nrticuia.r  cV.Ltion  of  the  lawi  :\nd  cnrCitu^ion ;  and  it  c-n  in^no  wife  coiuvrn  a 
foivign  nation,  to  whica  (Uparl.nent  thefL-  h-.ivi;  tlclc;r:ued  it./  '^ 

3d.  Mr.  Genet,  in  his  loiter  of  July  9th,  requircr,  ihar.  tlife  fli'.p  Jane,  wiiich  ha         S 
t:ills  an  LngliiTi  privUcer,  fliall  be  immet'ii:'ti''y  onlrrcd  to  di  jiart ;  nnd  to  julllfy     -v      ' 
this,  he  apjKiils  to  tlie  22d  article  of  onr  treaty,  which  providLs,  th;it  it  (hall  not 
be  lawful  for  any  foreign  prlvatcr  to  fit  th.'ir  Ihips  in  our  ports  to  fell  tv'i.it  tlut 
tii-je  talen,  or  piircliaff  vi<3:uals,  &c.     Th^' fiiip  Jane  is  an  EiioliiTi  merchant  vofTel, 
which  has  l.'"--n  many  years  employed  in  the  commerce  Ivtv.-cc  n  Jam;iica  andthcfc 
Uates.     She  brought  htre  a  cartvo  of  produce  fi-oni   that  ICaad,  and  was  to  ta'vc 
away  a  cargo  ot  flour.     Kn.-Nvin;if  of  the  war  when  ihe  left  Jamaica,  and  that  ovr 
coaft  was  lint:d  with  fmall  French  privateer:-,  fhe  armed  for  h.*r  defence,  and  took 
oi;c  of  thofecommilfions  ufu.iily  called  Le'ier.s  of  Alaiqur.    Sji';  arrived  here  f.ifciv, 
without  haviivr  had  any  rencounter  of  any  fort.  /Can  it  b'ncccfTiry  to  f;iy,  that  ;i 
'nerchant-vcflel  is  not  a  privateer  ?  Tliat  lhoii"i\  llic  has  arms  to  defend  hcrfcif  In 
time  of  war,  in  the  courfe  or"  iier  re^-^jii'.ar  lomnK  rce,  thi<;  n(»  more  mahes  her  1  pn- 
Yi'-tcer,  than  a  h-'.ibandman  follov.'Iiig  his  plonj^h,  in  time  of  war,  witii  a  Ituii'e  or 
pillol  in  his  pocket,  is  thereby  made  a  foldier  ?  The  occupation  of  a  privateer  is  to 
attack  and  ))ii'.nder,  that  of  a  merchant  veiTcl   is  comm.rce  a:;d  f'lf-prci'crvatijn. 
'I'hc  article  excludes  the  former  from  our  ports,  and  from  feltiu     loluit  fh^  has  laknt, 
that  is,  wivat  flie  has  acquired  by  war,  to  l^iew  it  did  not  mean  the  merchant  veflel, 
I'.ndwhat  fhe  had  acquired  by  commerce.  V^Verc  the  mcrcliant  velfcls,  comin^i;  for 
our  produce,  forbidden  to  liave  any  arms  for  their  defence,  every  adventmer  who 
hai  a  boat,  or  money  enou<jh  to  buy  one,  would  make  her  a  privateer,  our  coaft'* 
would  Iwarm  with  them,  foreign  veAeis  mud   ceale  to  come,  our  comm.erce  mud 
be  fuppreirtd,  cur  produce  remain  on  our  hands,  or  at  Icafl:  that  great  ])ortion  of  it 
which  we  have  not  veffels  to  carry  away,  our  ploughs  muft  be  laid  afiJe,  and  ngri 
culture  fufpesided.     This  is  a  facrificeno  treaty  could  ever  contemplate,  and  which 
wc  arc  not  difp^fed  to  make  out  '  i  mere  complaif.'.nce  to  a  falfc  deiinition  of  the 
\2xm.privattrr.     Finding  that  the  Jar.c  had  purchafcd  new  c;:rriage5  to  inount  two 
or  three  additional  guns,  which  Ihe  had  brourfnt  in  her  hold,  and  that   file  had 
opened  additional  port-holes  for  them,  the  carriages  \:c\c  ordered  to  be  rclanded, 
th>  additional  port-holes  flopped,  ;Mid  her  mjans  of  n':,fenre  reduced  to  be  exivilly 
the  fame  at  her   drpa»-ture,  as  at  her  arrival.     Tliis  was  done  on  the  general 
prin'-iyle  of  allowing  no  party  to  arm  within  our  ports.  / 

4th.  Th;  i-th  article  of  our  treaty  leave,  armed  v.jffels  free  iocmlui,  whither-       ,.:> 
foevcr  they  pleafe,  the  fhips  and  goods  taken   f-oni  their  enemies,  \vithout  paying  ' 

any  duty,  and  to  depart  and  be  ronduiited  fretly  to  the  places  eKoreiTcd  In  tKeir 
commifTions,  which  the  captain  fliall  be  obliged  to  Ihcv/. /'  it  is  evident,  that  thij 
article  does  not  contemplate  a  freedom  ic  Jl-ll tb.-lr prizes  her,'  \  but,  on  the  contrary, 
a  departure  to  fomc  other  ]>lace,  always  to  be  exprefled  in  their  commiiiion,  whcr- 
their  validity  is  to  be  finally  adjudged.  In  fuch  calc,  it  would  be  as  unreafonable 
to  deniiind  cluties  on  the  goods  tlicy  had  takc:i  from  an  enemy,  as  it  would  be  on 
the  cargo  of  a  merchant  vcH'el  touching  in  our  port-,  for  refrcfhiacat  or  advi.es. 
And  ag.iinR  this  the  article  provides. ,-' "ut  the  armed  veiTcls  of  France  have  been 
alio  admitted  to  land  and  fell  their  ^rizc  goods  here  for  confumjiticn  ;  in  which 
cafe,  it  is  as  reafonable  they  fliould  pay  duties,  as  the  ";onds  of  a  mercliantman, 
landed  and  fold  for  confumption.  They  have,  hnv/.jvcr,  dotnanded,  and  a.s  a  mat- 
ter of  right,  to  fell  them  free  of  duty  ,  a  right,  tiiey  fay,  given  by  this  article  of 
the  treaty,  thougiithe  ariicle  does  not  give  tl.c  right  to  fell  at  rII.  Where  a  treaty- 
docs  not  give  the  principal  right  of  felling,  th  :  adiiitiond  one  of  felling  duty  free, 
cannot  be  given ;  and  the  law?,  in  admitting  the  principal  riglit  of  felling,  may- 
withhold  the  additional  one  of  felling  duty  iVee.  It  muft  be  obferved,  that  n:? 
revenues  are  raifedalmoft  wholly  on  imported  good^.  Suppofe  prize  goods  enough 
Hiould  be  brought  in  to  i'upply  our  Vvfhole  confumption.  yVcconliiig  to  their  coii- 
fliiuSion,  we  are  to  lofe  our  whole  revenue.  1  put  the  e::treme  ca'V,  to  evince 
more  extremely  the  unreafonablenef^s  of  the  claim.  Pat  tiiii  fupplics  would  af- 
/«tl  ilie  revc;ivic  but  partially.     Thsy  wcuid  kiV;n  the  evil,  but  .io:  trc  rrror,  of 


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L  64   1 

tihe  coiiftruAion,  And  T  believe  \\c  m;iy  lay  v/ith  truth,  that  iicithfr  p^rfy 
h..d  it  in  coii'emplation,  when  jn.-iinint'j  thi*  article,  to  ab;in<Loi;i  any  part  of  it» 
icvenue,  for  tinjnKoiua;;Mncut  of  the  f<.ii  rolibfis  of  the  otluTy/ 

5th.  .Another  fource  cf  comtiiaint  witTi  Mr.  C]cnct,  has  been,  that  the  Enj^lifli 
take  French  goodi  out  of  American  vefrds,  wjii^h  lie  fays  is  ajjaijift  the  law  of 
ration?,  and  ou^ht  tv>  be  prevtr.t'.d  by  r.s.  /On  the  contr.iry,  we  fuppoC:  it  to 
have  hce.T  !ni:g  an  cftuhlUhccV  principle  of  the  la\s'  of  nations,  tliat  the  goods  of  a 
friend  arc  free  in  an  enemy's  vciVehr.r.d  an  encn-y's  goods  lawfiil  prize  in  the  veflel 
of  a  friend.  /I'hi  inconvenience  of  this  pr:i;:iple,  -which  fuhjc(fts  nierchant-vcnels 
tn  he  ft.oppc5  at  fca,  fearclK'd,  ranfackid,  led  rut  of  their  cniirff.has  induced  fevc- 
rul  nations  latterly  to  itipidr-te  apahjO  it  by  treaty,  and  to  fubfl-itntc  another  in  iis 
ftead,  that  free  bottoms  (lull  niiikc  frcp  ji;oods,  and  enemy  hottcins,  enemy  g-oods; 
a  rule  equal  to  the  other  in  ]n!i:jr  of  Icls  and  gain,  but  lefs  opprcflivc  to  commerce. 
As  far  as  it  has  been  introduced,  it  depends  on  the  treaties  ftipulatiii;^  it,  and  formj 
exceptions  in  fpecial  cafes  to  the  u;eneral  operation  of  the  law  of  nations.  We  have 
iiitroduced  it  into  our  treaties  with  I'rance,  Holland  and  I'ruflia  ;  and  French  ^M)od» 
found  by  the  two  latter  n/itions  iu  American  bottoms,  are  not  made  prize  of.  It 
id  ourwilh  to  eftabiiih  it- with  other  nations.  But  this  require*  their  conltnt  alfo, 
13  a  work  of  time^and  in  the  mean  while  they  have  a  ri^ht  to  aft  on  tlie  j/tne- 
rai  principle,  widmut  giving  ty  us^  or  to  France,  c^ufe  of  complaint.  "Nor  do  [ 
lee  that  France  can  lofe  by  it  on  the  whole.  For  though  Ihc  lofes  Lrr  goods  when 
found  in  our  velTels,  by  the  nations  with  whom  we  have  no  treaties,  yet  fhe  gain* 
cur  goods,  when  foii'id  in  the  vtlfelfcof  the  lame,  and  all  other  nations:  and  wc 
believe  t'.ie  latter  mafs  to  he  greater  than  the  former.  It  is  to  he  lamented,  indeed, 
that  the  general  principle  has  operated  fo  cruelly  i)i  the  dreadAU  calamnity  which 
has  lately  happened  in  St.  iJomingo.  The  milerable  fugitives,  who  to  lave  their 
lives,  had  taken  afylum  in  our  veil'els,  with  fuch  valuable  and  portable  things  as 
could  he  gathered  in  the  moment,  out  of  the  allies  of  their  lioufes,  and  wrecks  of 
their  tortuTies,  have  he« -i  plundered  of  thefe  remains  by  the  liccnfud  fca-rovers  of 
their  enemies.  This  has  fwcUed,  on  this  occafion,  the  difadvantagcs  of  the  general 
principle  that  '  an  enemy's  goods  , ire  free  prize  in  the  veffel  of  a  friend.'  But  it  is 
one  of  thofc  deplorahl'- and  unforefcen  <.alamities  to  wh'.h  they  expofe  thcmfelt^^s 
who  enter  into  a  ftate  of  war,  furnifhinj;^  to  u-:  an  a\.  ful  lefTon  to  avoid  it  by  juIHce 
and  moderation,  and  not  a  eaufe  or  encouragement  to  expofe  our  towns  t-'i  Uie  fume 
burnings  and  butcheries,  non/"  complaint  becaufc  wc  do  not.  , 

6th.  In  acaft.  lik  die  -.M'Tent,  when;  t^.~  tt'.!!...aiary  fif  one  government  conftruct 
differently  from  that  i.0  wh'ch  he  is  fent,  the  vreaties  and  laws  v.hich  are  to  form  a 
common  fulc  of  adlion  tor  hjth,  it  would  b  nlu^  in  f^-'ler  to  claim  an  exelufive 
right  of  conftrudlion. .'' Each  nation  iras  ^n  >.  ^ual  rifht  to  expound  the  meaning  ot* 
their  common  rules ;  and  reafon  and  ufage  have  ettablilhed,  in  fuch  cafes,  a  con- 
venient and  well  underftood  train  of  proceeding.  It  is  the  right  and  duty  of  the 
.  foreign  miliionary  to  urge  his  own  corjlrudlions,  to  fupport  them  with  rpafcns  whick 
may  convince,  and  in  terms  of  decency  and  refperl:  which  may  reconcile,  the  govern- 
ment of  the  country  to  a  concurrence.  It  is  the  duty  of  that  government  to  liften  ro 
his  reafonings  with  attention  and  cand^T,  and  to  yield  to  them  when  jaft.  But^t 
it  fliall  ftill  appear  to  them  tliat  reafon  :j:d  right  are  on  their  fide,  it  follows  of  ne- 
ceffity  that,  cxerciiing  the  fovcreign  po>vers  cf  the  country,  they  have  a  right  t» 
proceed  on  their  own  conllruiSiojis  and  conclulions  as  to  whatever  Is  to  be  done 
within  their  limits.  Tlie  miriftcr  then  refers  the  cafe  to  hi^  ^^wn  governmeii:, 
afks  new  inftrudions,  andjn  the  m^-an  time  aequiefcd  in  the  autb~.rity  of  tb 
country.  His  government  examines  his  conftrudions,  ab-indons  ther.:,  if  w^ong, 
hififts  on  them,  if  right,  and  the  cafe  then  becomes  a  matter  of  negotiation  be- 
tween the  two  nati  ns.  '^Ir.  Genu,  hov.ever,  alTimies  a  new  and  a  bolder 
line  of  condu<fl.  After  deciding  Tor  hinifelf  ultimately,  and  without  refpe<5l  to 
iji.'  '.v'^boi-'ty  of  the  country,  he  proceeds  to  b,  what  even  his'"ovcrcIa^i  "ould  not 
authorife;  to  put  hinvfelf,  within  the  country,  on  a  line  with  its  government,  a^'l 
as  co-lovcreign  .f  the   tcnitory,  arms  vtflcl*,  Itvks  men,  gives  ecuiiniiiious  tt 


p:^rty 
of  itt 


t'«5     1 

war,  independently  of  them,  and  In  direft  oppofition  to  their  orders  and  cfforttr 
Wiien  the  goverumcnt  forbids  their  c'tizcns  to  ami  and  *.nga!;t;  in  ;iu-  wir,  he 
tindertaltui  co  arm  and  engage  tliem.  V  hen  thty  foj-bid  vdVcis  to  Ue  lie  red  in  ilr.ii- 
ports  for  cmifing  on  nuticns  with  whom  tlicy  art-  i".  peace,  he  conimillioiii  tiicm 
to  fit  and  cniize.  VVncn  they  fdtbid  an  unc;.dcd  jurifdi>.l.v,n  to  be  tXLtvilLu 
within  their  territoiy  by  foreign  ag-nus,  he  undertak-'s  to  up  \old  that  cxcruk", 
and  to  avow  it  o;)  'nly.  The  privateers  Citizen  Gt-riet  and  Saus  CuloLtcs,  having 
been  fitted  out  at  Charlefton  (thoti;;h  without  perinilHon  of  the  i^jovcrnnien',  yet 
before  it  vva*  forbidden)  the  Prelldent  only  required  they  might  leive  cur  po;t4» 
Imd  did  not  interfere  with  their  prizes.  Ini^ead,  howi'\  er  of  their  t|uittm^  oin* 
ports,  the  Sans  Cvdottes  remains  (till,  ftrcngthenln^  and  et^uipping  lier'l-!f,  ;uid 
the  Citizen  Genet  wait  out  only  to  ci-uize  on  our  coalt,  and  to  bruve  the  authority 
of  tht  country  by  returning  into  port  again  with  her  prizes.  Though  in  the 
letter  of  June  5th,  the  final  deterniimation  of  the  Prefidcnt  wa*  coiiununieated, 
that  no  future  armaments  in  our  ports  ihould  he  permitted,  the  Vain  luci'.r  de 
la  Bailille,  was  afterwards  etjuippal  and  commillioncd  in  Charieilon,  the  Anti- 
George,  in  Savannah,  the  Carajnagnole,  in  Delaware,  a  i'chooner,  and  a  iloon, 
in  Bs)lton,  and  the  Polly  or  Republican  was  attempted  to  be  equipped  in  N-w- 
York,  and  was  the  lubjefl  of  rechunation  by  Mr.  Genet,  in  a  llylc  which  ctr- 
tainly  did  not  Uolc  like  relinquifliing  the  praftice;  The  I,;ttle  Sarah  or  LirrL- 
Democrat  wa«  armed,  equipped  and  manned,  in  the  port  of  Philadelphia,  under 
the  veiy  eye  of  the  government,  and  as  if  meant  to  inliiit  it.  H.ivlng  falleri  down 
the  river,  and  bemg  evidently  on  the  point  of  departure  for  a  cruize,  Mr.  Gcn.t 
was  dehred,  in  my  letter  ot  July  isth,  on  the  p;u't  of  the  Prefulent,  to  deraiu 
her  till  Ipme  inquiiy  and  detenninatiesi  on  the  ca!e  fliould  be  had.  Ye:  v;it!un 
three  or  four  days  after,  ftie  was  fent  cut  by  cjrders  from  Mr.  Genet  himil-lf,  and 
is  at  this  time  cruizing  on  our  coalls,  as  appcnrs  by  the  protell  of  ihe  mailer  cf 
one  of  our  velTels  mil-treated  by  her.  / 

The  govcrmrient  thus  inlultcd  auLlfftt  at  defiance  by  Mr.  Geiiet,  coiminittt<l 
in  its  duties  ani  engagements  toothers,  deferinlned  ftil!  Lo  lee  in  thele  proceed- 
ings but  the  charaijler  of  the  individual  j  and  not  to  belicvt,  and  it  does  not  be- 
lieve, that  they  are  by  inflru(f^lioiis  from  his  employers.  /I'hey  had  ajVuicd  thi 
Britilh  Minitter  here  that  the  velVels  already  armed  in  their  ports  fliouUl  be  ob- 
liged to  leave  them,  and  that  no  more  (hould  be  ai'med  in  them.  Yet  more  had 
been  armeil,  and  thole  before  armed,  had  citlur  not  gone  av/ay,  or  gone  only  to 
return  with  new  prizes.  They  now  informed  him  tint  t!ie  order  tor  departure 
fhould  be  enforced,  and  the  prizes  made  contraiy  to  it  Ihould  be  reltorcd  or  com- 
penl'ated.  ■  Tlie  fame  thing  vvas  notified  to  Mr.  Genet  in  itiy  letter  of  Augutl 
7th  ;  "^nd,  that  he  might  not  conclu  ie  t!ie  promil'e  of  conipenfation  to  be  of  na 
conotrn  to  him,  and  go  on  in  his  courl'es,  ha  v^as  reniiuded  that  it  would  be  u 
f;tir  article  of  account  againlt  his  nation.  ?' 

Mr.  Genet,  not  cohient  .vith  uiing  our4orco,  whether  we  will  or  not,  in  the 
wllitary  line,  againlt  wations  with  who:n  we  arc  at  peace,  undertaken  alio  tii 
direct  the  civil  government  j  and  particularly  for  the'  executive  and  legiilativc 
bodies,  to  pronounce  what  powers  may,  oi-  may  not  be  exerciled  by  the  one  or 
the  other.  Thus  in  his  letter  of  June  cth,  he  promills  to  lelpeil  the  political 
upinions  of  the  Preiidcnt,  //'//  tht'  Reprefentati-ves pnll  hn-vc  coitjirffrcci  or  rcjji-7vJ 
ihein,  as  if  the  Prefident  had  undertaken  to  decide  v/hat  liclonged  to  the  decilloii 
of  Congrels.  In  ills  letter  of  Jime  I4.th,  he  lays  more  opajly  that  the  PrcliJciit 
ought  not  to  have  taken  on  hiiulcif  to  decide  on  the  fubjeil  of  the  lettei-,  but  that 
it  was  of  importance  enoU"-li  to  liave  conlidted  Coni'irrifs  theieon  j  u!id  iji  that  of 
jiinj  2zd,  he  tells  th*  Pielideat,  in  dire.?l  terms,  that  ("Mongrels  ought  already  to 
have  been  occupied  on  cert:iin  qneltions  which  he  had  been  too  haily  in  decid- 
es: Tiius  milking  himillf,  and  not  U'e  Prefriint,  thv  jud^t;(t  th3|)to,vi:;-6  aieriii- 


m 


I   6fi   J 

edby  tl)e  ccnflltuticn  to  llio  cxtcutive,  ajid  <1k^ating  to  him  the  occafion  whn» 
he  Ilioukl  ixtrcill"  the  liOWLT  oi  convening  Ctaigrds,  at  an  tailin  cLy  than  theii' 
4)v.'n  lift  lir.d  j)i'cfcri!icd.  y 

On  t!ic  I'ollovving  ex|»icn'0)M  no  cc>n5nicnlary  fhall  be  made. 
July  9.      '  Lcs  prir.cii)i.s  philoiophiijufs  pioclamces  par  k  i'lcfidcnt.''* 
June  i J.    f  i AS  Gpiiiions  piivctb  on  pubiiijues  dt-  M.  ic  Pix-iidtnt, ct  cttie (gk'.c 
lie  piaoilUnt  pas  I'ul'rulrritc."  j- 

Juiie  2 ?. .    <  Le  gouvLiTcn-ient  fv*kTaI  s\{l  tnipitnc,  poulll'  par  jc  nc  !\r.ls  quelle 
infliitucc/r 

June  2  i.  '  Je  ne  puis  r.ttrlbr.( r  des  deniarc!;cs dc  ccttc  nature  tpi'a.  dcs  imprtl- 
lijr.s  etnuigeres  doni  ie  tcuib  et  k  verlte  tr;oiiipncroiit."|| 

Juiii  aj.  '  (■n  poviriul'.  luec  acliuinenxn'i,  cii  vciLU.dts  inlli uifliors  de  M.  1« 
rrelidcnt,  Jes  arniateurs  I  raiA^aih.'^ 

JuTiC  j+.  '  Cc  rel'us  tcnl  a  p.rconn  llr  !e  fyfitn'.c  infcrn;  1  du  loi  d'Ang'.-f'nr, 
ct  d(.s  unties  rois  j  js  accuu.;)lice;;,  pui.r  iuiic  pLiir  pui"  iu  iunaiiw  ie!>  ivpublie.'.lii* 
Frar.ijais  avcc  J.i  lil:cTle/«[]  s 

Juix'  8.     '  La  h'.clie  aL.'ndon  de  fes  iir.is.''-''* 

July  Z5.  liu  vain  1^  dtih"  de  con!,  rwr  la  palx  fait-il  fr.crlfier  Ics  intcrct* 
de  la  France  a  cet  inteiet  Uu  jncnient ;  en  vain  Ic  Ibit  dcs  ricluifes  l\ir,poUe- 
t-cllc  uir  1  hunntatr  diii-ib  la  bah.ncc  polituiueclc  rAmtiique;  toui;  as  nienagcmens, 
route  tttte  condtlcer.di;nce,  louiecette  iiuvuibic  n'aboutiiient  iirien  ;  nos  ennmi;., 
tn  rient,  et  lei  Fran(;ais  ticp  confiants  lint  j<unis  pour  avoii  eui  que  la  nalieu 
Anieiicaine,  avc'it  un  paviiicn,  qu'elle  avolt  i;uel.;ueegard  pour  ii-s  Icix,  qutlque 
convicrion  dc  li'S  i"o. cco,  ct  (juMlc  ttnoil  an  lentlnunt  de  la  di^riiie.  II  ne  nrdt 
pas  poilible  de  ptindic  loute  ma  k'nlibilitc  j.ur  ce  icmdale  qui  tend  a  la  diniinutien 
lie  vtitre  cununeice,  a  .'Vjipafli*  n  du  no'.re,  ct  ;i  r;.bailit.nn.nt,  a  raviiificment 
des  repubjiquei. — Si  ncs  tencitoyens  out  ete  lienipes,  li  \ ous  n'eUs  point  en 
ttat  de  li^uteuir  la  ibuverair.ote  tie  votie  peuple,  pailcz  j  ncus  Tavons  garantie 
Cjuand  noiis  etions  ei'cla\e»,  nous  iaurous  la  rendie  reOoutable  ttant  dcvtnu* 
iibrcs.'f  f 

Transl/.tions  O"  the  French  passages. 
*  *  7/ i-y/f'/.'.ycj'/it/i/ /<;■•;; J/.A.t  imU'urtd  hy  the  rnfJait.' 
f  *  T/f  o/.:,:ic!:s pi'V,.tu-  ur [uilic  c/iU  ryrjuL/tt,  mul  this  E^ls 
ioyotifitjfiutnt.^ 

X  '  "I'hc  jlMrcl  gcr:£r!::::tK:  has  Lai  iCgcr,  urge  J  /y  1  Lkc-iv  not  ivho.t 

iKf.ncuce." 
||_ '  I  cannot  fif.ilhe  mcyfurcs  cftlij  tia!:irc,  lut  to  extraneous  i>i)pyej/.ci:s,  o-ver 
fidid'  tliKC  uhJ  tiuih  iiih  trinn'^h.^ 

^  '  JLyfiirjue  iiiih  t\:ge  tl:t  Ireiifh  fn'Z;m\'i:rs  by  the  crM  ry  of  tie  Prcfntcnt," 
\  •  '7/i.r  i-ijufal  leiul!  to  aaat.piijb  the  iiijuti,ul(\jhinrj  the  Kij:g  cft):gh:nd 
cndof  the  otter  Ki.-.gs,  hh  iXi.cr.llh'Sy  to  djhcy  by  Je^h.iue  lre„eh  Jul/hui  ami 
freidom.'' 

**  *  The  eo--iirJ!y  iihcv:da:Ku\'.t  of  the'ir friends.'' 

f  f  ♦  In  'veiin  //w  iLjire  to  fyeftr-ce ^ea,e  leads  you  to  furlfee  the  interests  of 
France  to  ibis  interest  oj  the  inomuil  \  m --lc-.vi  tbe''tkirst  of  ruhts  j'rejondcnitt s 
cgednst  honu' in  the  tcfi.icd  hedtuicc  cf  America -^  idl  this  '/nc:n/ii>en:eni,  nil  thefe 
ccndiJ'an'ioHs,  all  uis  l,t;niiii,tu//,  ind  in  noihing     Our  itu/niis  uu:gb  eU  it,  and 


not  rf Rearing 


*  Jj  ourjcltoyj-eitizins  hune  bioi  decii-jt^i,  tjycu  toe  not  tn  a  eondiitcn  to  fmin!' 
Ir.i.'i  the fo'uereig.ity  oJ your  puple^  ffeedk  :  nve'hci^e gUiD-uutiid ii  ■vJxu  ^xe  •iuc^ 
Jtenes,  lie  hnsu:  hi-iv-dt  iviid.r  </  ref^eiiabk Ui,ig  betoitujrce,' 


[     6;     1 


•  Wc  clinvr  a  veil  over  the  rcnHitlons  which  ihc Te  ^ypreflions  exclts.  No  v/ovdi 
•nn  lender  tliPin  ;  but  th(;y  will  not  eicape  the  Ifnlihility  ot  a  tricndly  and  iir.u!j- 
naninioiis  nation,  who  will  do  us  juJticc.  AVo  ile  in  tl\eni  nt-ithcr  the  portiait 
of  ouii'elvcs,  nor  the  pencil  of  our  friends  ;  but  an  attempt  to  embroil  both  ; 
to  adti  ItiU  :inother  nation  to  the  enemies  of  his  country,  and  to  dn\w  on  l->o'.li 
a  rcproiicli,  wliich  it  's  hojwd  will  never  ifiin  tl\f  hiltory  of  either./  The  written 
proofs,  of  which  Mr,  Genet  was  himlelf  the  bearer,  were  too 'unequivocal  to 
leave  a  doubt  that  the  French  nation  are  conitant  in  tbcir  frit  r.ddiip  to  uy.  Tiie 
reiblves  ol  their  National  Convention,  the  letter:;  of  (lieir  Executive  Council  at- 
teft  this  rruth  in  terms  which  render  it  ntcelliiry  to  ferk,  in  iome  otbsr  hvpotl^e- 
fis,  the  iolutionot  Mr.  Genet's  m-»c!i'm;uions  aralnll  oiir  peace  and  frirtubh'j>,  '^ 

Confcious,  on  our  part,  of  the  fame  friendly  and  linccre  diipufiticns,  ws  ci'n 
with  truth  affirm,  both  for  our  nation  and  government,  that  \y?.  have  never 
ortiitted  a  rtalbnable  occaiion  of  manirefting  ihem.  For  I  v/ill  net  ccnliaer  as 
of  that  c!i:uT.<ih'r  opportunitits  of  faliying  tur;h  from  our  ports  to  way-lay,  rob, 
and  murder  defenceiefs  merchants  r.nd  otheni,  wiio  have  done  us  no  i«;uiy,  and 
who  were  coming  lo  trade  with  us  in  the  confid.ence  of  cur  pci-.ce  and  amity.  Tiie 
violation  of  all  ti;e  laws  of  order  ami  morality  wliich  bind  mankind  tocether, 
would  be  an  unacceptable  offeiing  to  a  jutt  nation.  /i?ecnrring  then  only  to  v?.- 
ccnt  tiling-^,  after  lo  atJiifting  a  libel,  we  recolieet'with  fiitish'.ftion  tliat  in  tl.o 
.  courfe  of  two  years,  i^y  unccafing  exertions,  we  paid  up  iLv'cn  yeai's  arrearafes 
.ind  inlblments  of  cur  debt  to  France,  whicii  tiie  inefiicacy  of  our  fult  form  of 
govenimoU  hail  iliiiered  to  be  accmnui-^ting  ;  tiiat  p":l!ing  on  it'll  to  the  entire 
fulfilment  of  cur  engi^.gements,  we  have  iacilitatal  to  Mr.  Genet  the  elfjcl  of  the 
inihilments  of  the  prelent  year,  to  enable  him  to  lend  relief  to  his  fellov.'-citirens 
in  France,  threatened  with  famine  ;  that  in  the  fuil  moment  cf  ths  inllirreclio;^ 


which 


th 


d  the  co'oiiy  of  ot.  Djuihi; 


;c,  we  ftep'-jd  forward  to  their  roll 


v/ith  arms  .')v\  m  avy,  taking  freely  on  oiulelves  the  ri(k  of  an  unautlicrized aid, 
when  tielay  v/ou!d  have  been  denial ;  t'lut  we  liave  received,  recording  to  cur  bci^ 
Ji')iiitieK,.t'ie  vvretcl'ed  fugitivts  Iror.i  thj  catv.it:\'.'ohe  ol  the  principal  town  of 
that  colcny,  who,  cfcaping  from  the  Iwords  and  hanirs  of  civil  war,  tlinw 
ihemfelvi.'s  on  us  nak'-d  and  iioui'elefs,  without  tcod  cr  friends,  money  or  other 
means,  their  facultits  lo^f  and  abfoibui  in  the  depth  of  tlicir  diltreni";  j  t'tat  the 
exclufive  admiilion  to  fell  litre  the  pri;;e.'i  made  by  France  on  her  enemies,  in  the 
pii/ent  war,  th.ou.gh  unllipula^ed  in  our  treaties,  an.l  uni'cundcd  in  her  cwi> 
practice,  or  in  that  of  other  nations,  as  we  belitve  ;  th  :  fpirit  mr.ni*elkd  by  t'l;.* 
Jate  grand  jury  in  their  proceetlings  againft  tho.e  who  hud  aided  i.he  enemies  of 
France  with  arms  and  implements  of  war  }  iheexpivllion  of  attaclnr.ent  to  hii 
nation,  with  whieh  Mi-.  Genet  was  v/eiconud,  on  hi;>  arrival  and  journey  from 
fouth  to  north,  and  v!ur  long  foib.earancc  under  his  gro)s  ullirpntions  and  cut- 
rages  of  the  laws  and  authurity  of  our  cotmtry,  do  not  belpea^  tlie  partlalitii.s 
jntinrftcd  in  his  letters,  /'^'^nd  lor  the'e  things  he  rcw.irds  us  by  entieavours  t.» 
excite  dilcord  and  diiiiult,  between  our  citizens  and  thole  whom  they  have  en- 
trulted  with  their  government;  bef  vvytn  the  diiii'nnt  branches  of  om- gcven>- 
between  our  nation  and  hii. /init  nor.e  of  thefe  tilings,  ve  hope,  wili 


nunt 


'pe. 


»n  and  hu. /l)u 
be  foimd  in  his  power.  That  friia.milp  which  dictates  to  Ui  to  bear  with  ftiii 
con;'u6"t  yet  awhile,  Icll  the  intcreit  of  lus  nation  liere  fhfuiid  futtVr  injury,  will 
haiten  them  to  replace  an  agent  v/hole  dil'politions  are  fiich  a  milrepreient..? >on  of 
theiis,  and  whofe  continuance  here  ts  inconldhnt  with  order,  j.eace,  rcfpeiil,  ami 
that  friendly  corrcfptindencc  whicli  we  hoiJc  will  tver  \y>hi\'.\  betv/ecu  the  two  na- 
tio!is.  His  government  will  fee  too  that  r!je  cali*  is  prclfmg.  That  it  is  impniliblc 
for  two  Ibvcreign  and  indeiwndent  authoriti(.s  to  be  going  on  w'ufrf.H  our  territory, 
jlt  the  iiuue  time,  with.out  colUfion.  Ttuy  will  rorciL-e  tlu:  if  Mr,  Genet  per- 
fcvere-j  m  his  p>rocccdmgs,  the  cenjiLquenccs  wouUl  be  fo  Uoiardouu  to  us,  the  ex- 
ample lb  IpiumiUaLing  und  pv-rnie^uus,  that  wc  may  \y:  fVivcd  evcu  to  uifpuid  his 


■ 


t    6S    J 

fi«^ioii8  bcforp  a  (licceffor  can  avrive  to  continue  them.  If  our  citizens  hsvt 
not  alie-ady  been  Ihedding  each  others  blood,  it  u  not  owing  to  the  moderation 
of  Mr.  Gtnet,  but  to  the  forbearance  of  the  gcvemment.  It  is  well  known  that 
if  the  authority  of  the  laws  had  been  relbrtwl  to,  to  Itop  the  Little  Democrat, 
i^s  officers  and  agents  were  to  have  bfcn  refiftcd  by  the  crew  of  tlic  yeHel,  con- 
fiding partly  of  Araerican  citizens-^'  Such  evcn^s  are  too  fcrious,  too  p)fliblc, 
to  be  left  to  hazard,  or  to  what  is  worfe  than  hai^ard,  the  will  of  an  agent  whofe 
defigns  are  lb  myltf  rioug.  /Lay  the  calc  then  immediately  before  his  government ; 
accompany  it  with  alfurmces,  which  cannot  be  Itronger  tiian  true,  that  our 
friendlhip  tor  the  nation  is  conttnnt  and  unabating ;  that,  tnithful  to  our  treaties, 
we  have  ful6lled  tlu-m  in  every  point  to  the  bell  of  our  undtrftanding ;  fhat  if  in 
^ny  thing,  however,  we  have  conftrued  them  amilsj,  we  are  ready  to  enter  into 
sandid  explanations,  and  to  tlo  wiiateyer  we  can  \k  convinced  is  right ;  that  in 
oppoiing  the  extravagancies  of  an  ag«?nt,  wJiole  charai^ter  they  feejn  not  lufTicient- 
Jy  to  have  known,  we  have  been  urged  by  motives  of  duty  to  ourfelves,  and 
juftice  to  others,  which  cannot  but  he  a])provcc!  by  tholb  who  are  juft  thcm^ 
JiilvcB  J  and,  rinally,  that,  atter  independence  and  ielf-gov<frmn8;nt,  there  is  no. 
f^ing  we  niore  fincercly  wifli  than  perpemal  friendlhip  with  them. 

/  ha've  ihd  honor  to  bi,  luilh  great  ejieem  cmd  refye^, 

hear  Sir,  &c. 
(Signed)  TH:    JEFFERSON. 

Note,  A  copy  cf  the  preceJiiig  letter  ^^asfent  ciuloje<^  by  (be  Secretary  of  States 
to  Mr.  Ce^iW 

a.'  ■  ■ 

Philadelphia,  Aiiguft  z^d,  ^79?. 
Mr .  Jeffcrfon  Sccreicny  of  State,  to  Mr.  Morris  Miuijier  Ficnif'Oicntiary  Jroftt 

the  United  States  to  France. 
Dear  Sir, 
■T^HE  letter  of  the  i6th  Inllant,  with  its  docnmcnts  acccrapnnying  this,  will 
"*•  fufficiently  inform  you  of  the  tranlaftions,  which  iiave  taken  place  be- 
tween Mr.  Genet,  the  Minilter  of  France,  and  the  government  here,  and  of 
the  painful  ncceflity  they  have  brought  on,  of  defulng  his  recall.  The  letter 
has  been  prepared,  in  the  view  of  bemg  itlclf,  with  its  docuiftciits,  laid  btfoic 
the  executive  of  the  French  government.  'You  will,  therclore,  be  pleafed  t« 
lay  it  before  them,  doing  every  thing  which  can  be  done  on  your  part,  to  pro- 
jcure  it  a  friendly  and  di.paflionate  reception  and  conilderation.  The  Prcfident 
would  indeed  think  it  greatly  unfortunate,  were  they  to  take  it  in  any  other 
liglit ;  and,  theretbre,  charges  you  very  particularly,  with  the  careof  prefenting 
this  proceeding  in  the  inoll  toothing  view,  and  as  the  rellilt  of  an  unavoidable 
Becelfity  oil  his  part.  ' 

Mr.  Genet,  iQon  after  his  nnival,  communicated  the  decree  of  the  National 
Convention  of  Febjiiary  1  sth,  1793,  authorifing  their  executive  to  propoli;  a 
tj«Uy  with  us,  on  liberal  principles,  fuch  as  might  ftrengthen  the  bonds  of 
good-will,  which  unite  the  two  nations  ;  and  intunned  us  in  a  letter  of  May 
ajd,  that  hewas  authoriliKl  to  treat  accordingly.  The  Senate  being  then  in 
lecelk,  and  not  to  meet  again  till  the  fall,  I  apprifcd  Mr.  Genet  that  the  parti- 
cipation in  matters  of  treaty,  given  by  the  conltiiution  to  that  branch  of  ouj 
governjoent,  vvo\ild,  of  courfe,  delay  aiiy  definitive  anfwcr  to  his  friendly  pro- 
pofition.  As  he  was  fetnible  of  this  circumstance,  the  matter  has  been  underr 
tlood  to  lie  over,  till  the  meeting  '^f  fenate.  You  will  be  plealed,  therefore,  tQ 
SKI^ain  to  (dJ€  executive  of  France,  this  delay,  which  has  prevcntul  as  yet,  our 
focnul  accefllon  to  their  propofition  to  tuat ;  to  allure  theni^  that  the  Pi-elident 
will  meet  tiicm,  with  the  molt  friendly  dilpofitions  on  the  grounds  of  treaty 
projpff«d  b^  the  National  Convcution,  a$  iijon  as  he  cau  Uu  it  in  the  foiina  of 


«u.*  j-.«  '?»«'- 


jT-;. 


? 


r  69  1 


the  conflltntlon,  >6nd  you  will,  of  courfe,  fuggcft  for  this  purpofe,  that  tht 
powers  of  Mrl  Crenetbe  renewed  to  his  (uccefibr./ 

Since  iny  hfk,  which  was  of  the  1 3th  of  June,  ^our  Nos.  25, 16,  27  of  March 
a6th,  April  4th  and  5th  have  been  received.  The  public  papers  fent  herewith, 
will  give  you  tiie  cun-ent  news  of  the  countiy. 

I  havt  the  honor  to  be,  with  great  reipeft  and  eitcera,  « 

v    •» .  •  r.        Dear  Sir,  .  :.;  ■ 

Your  moft  obedient  and  moft  humble  fervant, 

T  H.    j  E  F  F  E  R  S  O  N. 
i  I    ■  1 1  <■  ■.  I    II  II 

i        1      •      '"T  New-York,  September  18th,  1793. 

'         "  adyear  of  the  French  Republic,  03*  aWiWiaiy/7'/(f, 

0HtiKett  Gene!,  Miniftsr  Plenipotentiary,  of  the  French  Republic  ivith  the  L'Kitcd 
States,  to  Mr.  Jefferjotty  Secretary  af  State  of  the  United  States.    ■ 
Sir, 
•pERSUADED  that  the  fovereignty  of  the  United  States  refides  eiTentially  in 
•*■    the  people,  and  its  repreitjntation  tn  the  Con|fre!!S  ;  permaded  thar  the  execu- 
tive power  is  the  only  one  which  has  been  conhded  to  the  Prefklcnt  o*  ih.e  Ui.l 
teJ  States  j— rpcrluadeil  that  this  niagiftrate  has  not  the  ric;ht  to  decide  qxiell.ons, 
the  difcullion  oi  which,  the  coniiitution  relerves  particuhiiv  to  the  Ccngrei^  ;— 
pcrfuuded  that  he  has  not  the  power,  to  bend  exilting  treaties  to  circuiT>l'ar<ci?, 
and  to  change  their  fenfe  j-r-perluaded  that  the  league  formed  by  all  the  tyrimts, 
to  annihilate  republican  principles,  founded  on  the  rights  of  ir.an,  wiUIjei!*? 
cbjeft  of  the  molt  ic'rious  deliberations  of  Congrcs,  1  had  dcierred,    in  the  u-j.c 
I'lcw  of  maintaining  good  harmony,  between  the  free  people  of  America  and 
France,  rommunicaring  to  my  government,  before  the  epoch  at  which  the  repre- 
lentatives  of  the  people  were  to  afl'emblc,  the  original  correrpon.lence  winch  Lns 
taken  place,  in  writing,  between  you  and  myfelf,  on  the  political  rights  of  France 
;u  particular  ;— on  the  interelts  of  general  liberty  j    and  on  the  afts,  prociani.i- 
tions,  and  decifions  of  the  rrefident  of  the  United  States,  relative  to  objecrs 
which  reijuire,  from  their  nature,  the  fanflion  of  the  legifiative  body  :  however, 
informi;d  that  the  genflemi«  who  have  been  p-.iinted  to  mefnoften,  asariftcciats, 
partifana  of  monarchy,  partilans  of  England,  of  hci  conttitution,  and  ccn-'o- 
iqucntly  enemies  of  the  principles  which  all  good  Fienchmen  have  errjhracedj 
v/ith  a  religious  e.ithulialm  ;— alarmed  at  the  popularity  which  v.  as  reflected  on 
the  Minifler  of  France,  by  the  affection  of  the  American  people  for  the  Frerch 
Republic,  and  for  the  glorious  caufe  which  it  defends  ;  equally  ala;Tr.»l  at  ir.y 
unlhaken  and  incorniptible  attachment  to  the  {'evere  maxims  of  demtscracy,  wtve 
labouring  to  ruin  me  in  ray  coimtiy,  after  having  re-united  all  the  efforts  to 
calumniate  me  in  ihe  view  of  their  ftllow-citizens.-'l  was  going  to  begin  to  col- 
left  thele  affli^iug  materials,  and  I  was  taking Mnealurcs  to  tranfmit  thctn  to 
France  with  my  reports,  wlu      lie  denunciation  which  thefe  fame  n)eii  fiave  ctb*- 
cited  th* Prefidcnt  to  exhibit  againll  me,  through  Mr.  Monis,  came  to  my 
bands.,    Strong  in  the  principles  which  have  directed  my  conduft,  IheUei-ed  from 
every  well-founded  r^roacl;,  I  expeftcd,  neverthelefs,  to  have  ibund  in  it  Ibmc 
fcrious  allegations  ^'but  what  has  been  my  alloniftiment  on  finding,  that  the 
American  people  were  more  outraged  in  it  than  myfelf,  that  it  was  (iippoird  that 
I  ex«rcifecl  over  them  a  fcvcreig/i  influence,  that  it  was  pretended  that  I  wa« 
making  them  take  a  part  in  the  war  of  liberty,  for  the  defence  of  their  brethrei*, 
of  their  allies,  againlt  the  intention  of  their  government ;  that  judgments  favour- 
able to  oiu"  interefts,  rendered  in  the  midft  of  the  acclamations  ot  the  citizais  of 
Philadelphia,  by  juries  and  by  indep«ndant  tribunals,  have  not  been  the  expreflloa 
of  a  I'evere  jufticc  }  in  fliort,  that  I  wag  a  power  witliin  another  power.     Such 
firange  acctifations,  proving  only  that  the  American  people  loves  and  fuppori* 
•ur  principles  and  our  cauic,  in  fpite  of  its  numerous  enemies ;  and  chat  tin 


C     70    1 


b\% 


jwwer  v.'l\ich  they  t'o  me  the  honor  to  attribute  to  me,  is  only  that  of  gratitude 
Itruggling  ag.iinft  ingratitude,  of  truth  combating  eri'or.  I  v/iil  fend  no 
ot-hei^jullificiUion  ot  my  conduit.  I  will  join  only  in  fupport  of  t)ie  opinions 
which  I  meant  to  prolel's,  fom.e  writings  which  liave  been  publiflied  here,  liich 
as  thole  :A'  yaritas  and  of  HelvUius,  kc.  As  to  theptribnal  outi?ges,  as  to  the 
tloubts  which  you  infmuate  on  my  devotion  to  the  union  of  the  people,  I  liave 
itafon  to  believe  they  will  not  make  a  great  impreffon,  when  the  pnfwers  fliall 
be  recurred  to,  which  I  nwde  to  the  numerous  addref^ "  which  your  fellow-citizens 
deigned  to  prtfent  me  :  when  it  fJKdl  be  recollefted  that  placed  at  the  arc  of  12 
years  in  the  inire:ui  of  for;.*ign  affairs,  it  was  I  who  had  theadvantnge  ot  contri- 
buting to  penetrate  the  French  with  the  fpirit  of  1 776  and  1777,  In'  tranfiating 
into  our  trfjnguc,  under  the  diri'>fl-ion  of  my  father,  then  head  of  the  bureau,  the 
greater  part  of  your  laws  and  of  the  writings  of  your  pvolitici".ns  ;  that  {mcc  that 
epoch,  always  luitldid  to  ihe  cauie  of  liberty,  I  iiave  rendered  to  the  Americans, 
in  the  differcm  emr  iovmcnrs.  I  have  had,  all  the  iLn-victs  which  depended  on  me  j 
and  that,  in  fine,  charged  to  rcprefcnt  the  French  people,  with  tlie  firft  people 
wl;o  have  proclaimed  the  rid'.'.s  of  man,  knowing  how  tai-  our  ancient  frovern- 
inent  had  put  liberticiile  (li;<ckles  on  the  commerce  and  on  the  intimrcy  of  our 
two  nations,  I  have  reglefled  nothing  to  obtain,  on  the  one  hand,  tlie  liberal 
.  hafjs  on  which  the  r.ev.' bands  which  ihe  French  people  t'efi re  to  contraft'with 
tlie  United  States,  v.ere  fo  be  negociated,  in  order  that  on  the  other,  the  Federal 
Government  might  be  ftnfible  how  urgent  it  was  to  occupy  themfelves  promptly 
on  the  conclufion  of  this  true  family  compr'ft,  which  v/as  forever  to  unite  tlie 
political  and  ccinm.ercial  intcrefti  of  two  people  eqiialiy  objects  of  the  hatred  of 
all  tyrants  ;  belides.  Sir,  whatever  may  be  the  reiidt  of  tlie  atchievement  of 
which  you  have  rendered  yoi:r:l:lt  the  generous  infaununt',  altc;-  having  mac'e  me 
believe  that  you  w»re  my  Iri.nd,  aiter  having  initiated  me  ir-o  myllertes  Vvfhich 
iiavc  inflamed  my  hatred  againlt  all  thoie  who  aipiie  to  an  abiolute  power,  there 
is  an  aft  of  julticc,  v.-hich  the  American  peoj-Je,  which  t'le  Fixr.ch  people,  which 
all  free  people  arc  intcreiied  to  reclaim  ;  tir.'t  is,-  tht't  thtie  be  made  a  pen  ticular 
inquiiy,  in  the  ntxc  Congrcfs,  of  the  motives  on  whicii  the  head  of  the  executive 
}>ovver  of  the  LTiiitetl  States,  has  taken  on  iiim'elf  to  demand  the  recall  of  a  public 
miniiter,  whom  the  Ibvereign  pople  of  the  l/nitcd  States  h:.d  received  fraternally 
end  recognized,  before  the  diplomatic  forms  had  been  iuiliiled  with  reij)eft  to 
him,  at  Philadelphia.  <■ 

It  is  in  the  nar/ie  of  the  French  people,  that  I  am  fcnt  to  their  brethern— -to 
free  and  ibvereign  men  :   it  is  then  for  the  repreientatives  of  tlte  American  peo- 

Jde,  and  not  for  a  finglc  man,  to  exhibit  againlt  mc  an  aft  ot  acculaticVi,  if  l 
lave  merited  it.  A  del  pot  may  fmgly  permit  hinnei*'  to  demand  irom  anotlici-  def- 
j)ot  the  recall  of  his  reprefentative,  and  to  order  his  exjndlion  in  calc  o*'r>.'fulhl. 
This  is  what  tire  Empreis  of  Ruffia  did  with  rel'peft  to  myfelf,  irom  Louis  XVI. 
B»it  in  a  free  ftate  it  cannot  be  fb,  unkis  order  he  entirely  fubvcrted  ;  miiel's  th,c 
jpec/ple  in  a  moment  of  blindncl's,  chules  to  rivet  their  tetters,  in  making  to  a 
,finglc  individual,  the  abandonment  of  their  moit  precious  rights.  I  pray  you, 
then,  Sir,  to  j)lace  under  the  eyes  of  the  Preiident  of  the  United  States,  the  de- 
inand  which  I  make  in  the  name  of  equity,  to  lay  before  Congrels  for  their 
ctircufTion  at"  the  epoch  when  they  fl\atl  be  ani'mblftU)y  the  law,  if  tho  great 
events  which  occupy  the  Univer'.i',  do  not  appear  yet  iufhcioit  to  liaiien  their 
convocation, — ift.  All  the  qucitions  relative  to  the  political  rights  of  France, 
and  the  United  States. — id.  The  different  cafes  relidting  from  our  itateof  war 
witij  the  powers  of  whoie  afts  of  aggreiTion  I  have  inlormed  you — 3d.  The 
heads  of  accufationwhicli  tlicMinillerof  the  United  States  with  the  French  Rc- 
piblic,  is  charged  to  exhibit  againll  mo,  and  againlf  the  conluls  whole  charac- 
ier  is  compromittcd  and  outragal,  in  the  nott  fcandalous  niannfr,  for  having 
•beyed  lliptrior  osiers,  which  it  was  neither  in  their  powei*  nor  in  mine  to  r»- 


[     71     J 

voke.  In  this  crne^ation,  Sir,  I  do  nut  conHJer  tlie  dii^iiiiy  ofthc  Ficncli  nntioij 
as  C'jDiproinittcd  by  the  extruordinary  poliuon  in  wljlch  I  fii' J  iny.clf'  ;ib  v.cll  ai 
the  conluls,  und  I  \\xvc  tocutnpl:iia  only  of  the  form!*  you  iii.t  erni)luyi.'<t.  f 

The  executive  council  of  the  Fivuch  Republic  had  alio  co!ii;>l:iiiU»  of  a  vewjr 
diitciXT.t  nature  trora  tholii  •.illegc\l  agaiuil  me,  to  cxhiUlt  at-iMii:!:  Mr.  MorrisJ 
your  AtiibalTaJor  at  Pario  :  but  pcneiialed  wjth  a  jult  icntimtnt  of  io(pe>::t  for 
the  fove/eignty  ot  tlie  American  people,  it  reconiininded  to  uv.'  only  to  make  con- 
fi'-f.-ntial  obfervations  to  you  on  th,:  nectiiity  of  recullnig  ihi'i  Miniihr  plenipo- 
tep.iiury,  I'.ccu.ed  by  the  puMic  voice  of  faitj  eil:uMii]»fccl,  but  not  by  the  repre- 
icatitlves  of  the  people  ahcr  a  re^ijular  cmjuiry,  of  having  favored  as  mucli  as 
he  could,  th^  counter  revolutionary  p.rojecls  of  Louis  XVI,  of  comiiuiu'xiting  to 
iiim  memoirs,  in  which  he  advifed  liim  not  to  accept  the  conltitutirii  ;  of  hav- 
ine;  had  no  contieetioni  but  witii  fufpil-^ed  jicrfons  j  of  liaving  aiieited  the  greateil 
ontcmp^  for  all  thofe  who  ierved  faillHiilly  tlie  cauie  of  the  people  ;  of  havintj' 


con 


bren  the  c'.umnel  of  the  coun.els  which  condueLd  La  Fayette  into  th:  prifo'.u 
ot  PrufHa  ;  of  havinr  abuil-d  the  rci'peol  or  the  French  -people  for  th-;  tnvoy  of 
the  American  people,  to  facilitite  more  li;relv  tlie  c.jrr<'.j)ond>.nce  and  tl^e  con- 
Ipir.'.ciea  of  ali  its  enemies  j  of  hiving  (iiewn  nothin<.^  bur  ill  hum"ur  in  his  re- 
lations v/lth  ihe  minifteri  of  tl\e  French  republic  ;  of  hiv'tn.^  affected  in  writing 
to  them,  t,i  .  .i,>loy,  in  fpeaUing  of  tlie  executive  of  the  Uuiled  Spates*,  only  the 
words  '•  in  the  name  of  my  court,'"  lb  Ihoeking  to  republican  t?rs  ;  oFhiv'iijj 
tk'nv.nvJed  a  p^illport  t!ie  loth  Aui^ult,  1792,  logo  IntoKngf.m.!  witii  ihe  Am- 
bafiadior  of  Geoi'ge  III  ;  and  oi  having  laid  publicly,  v^itn  a  tonlidrrire  vvhii.h 
the  prei'ent  event  jultifies,  ihat  if  the  embaHy  of  tlit  rcpulihc  (hoakl  be  ref  elvcd 
at  Phiiadtlphla,  its  cxilt.'nce  and  that  of  the  republican  confulo  in  Aineriea, 
would  not  be  oi  long  diu-ation  there. 

I  have  aheady  mentio;ie\l  to  you.  Sir,  fome  of  thefe  iinputat'ons  ;  bu*,  as  t 
have  already  told  you,  out  of  refpe£l  for  the  ;'o\ereignty  of  elie  United  States,  I 
thoiight  I  ihould  leave  to  their  wiidom,  the  care  of  taking  menhires,  tlw  nult 
iuitable  to  reconcile  their  dignity  with  wliat  their  prudence  niiglit  lequire. 

Not  doubting,  Sir,  that  the  juitice  which  I  retpiire  will  W  do!K-  me,  as  well 
as  my  co-operators,  I  ought  to  inform  you,  that  I  am  aliou-.  to  Inve  printed  all 
my  correfpondence  vvitli  you,  all  my  inltiudions,  and  all  thole  oi  Uieconfuls,  in 
order  that  the  American  people,  wlioli;  eifetin  is  iltarer  to  me  thui  iile,  may  . 
judge  if  I  have  I)eeti  worthy  or  not  of  t!\e  fraternal  rctcption  which  it  deigned  to 
give  me  j  if  in  ail  my  ollicial  papers  I  have  not  exprtlikl  my  reTneot  lor  that 
virtuous  nation  and  my  confidence  in  the  pmity  of  their  fentlments  ;  if  I  !i:,ve 
infilKd  on  a  fuigle  principle,  w'lich  has  not  bevn  fupported  llnce,  by  decifiyns  of 
the  juries  or  triiumals  of  the  country  j  if  in  aeling  and  in  ex]n-dl!ng  mylclf  wiih 
the  frankne.s  and  the  energy  of  a  republican,  I  have  attackctl  the  conltitution  i 
if  f  iiave  refu'ed  refpecf  to  a  hngle  law  :  in  fine,  if,  in  reclaiming  v/ith  all  the 
firniiiei's  which  was  prefcribcd  to  me,  tl^e  faithhd  execution  of  our  t'oaties,  I 
have  not  endeavored  to  encourage  the  tetleral  government  to  emph;y  tlie  cjily 
means,  worthy  of  a  great  j-.i-ople,  to  prelerve  peace  and  to  enjoy  the  a.'van'^agf's 
of  neutraii,ty — im  ufeful  ot)ji:i!:'t,  not  to  be  ot)iained  by  timid  and  uncertain  nx-a- 
lures,  by  pn-natu.e  procia.nations,  which  Item  extorted  by-lear,  by  a  jurtial 
iiup.irtiaiity,  wliich  loiu'a  your  iriends  without  I'atislying  yotir  t  ncuiies,  Inu  by 
anattiiuije  iiiTa  and  pror.-iuiced,  which  appriies  ail  the  powu-s  that  the  veiy 
Kglilniatetlerueof  enjoy  int';  the  iwtets  of  peace,  has  not  mute  yen  forget  w!ia'  is' 
tiae  t'» juiUce,  to  gratitude,  and  tiiat  v.ithout  C7ufaig  10  he  neat.'^l,  you  may  tui- 
itl  public  engageinen!  j,  eontrael^d  w.th  your  irieiuU;  in  u  inoiutnt  v.'hea  you 
were  yoiufelvss  in  dangtr. 

I  Will  anuvci'  more  in  del  ail,  iiir,  at  a  proper  lime,  to  yotn-  violent  diatribe  j 
but  it  ei-ntains  one  fu'':t  ca  w})!cii  f  n\oit  now  give  you  expii'-n\tion«.  Vou  ,".v« 
•u.ivli;  to  njuoAiiU  wc  v/iUi  luviiig  4r»«iii;ic>iiy  j;ii'wii  :.«JA:iy  w»li^«:<5  jToccalin^;*! 


t  It  1 

a  tone  of  colour-,  v^hlch  has  induced  a  belief,  tha*  they  ttid  not  know,  in  France^ 
titlitr  my  charafter  or  my  manners.     I  tvill  tell  you  the  rcalbn>  Sir :  it  Is  that 
a  pure  and  wann  blood  run*  with  rapidity  in  my  veinn  ;  that  I  love  pafilonattly 
my  country ;  that  I  adore  the  cauie  ofliberty ;  that  I  am  always  ready  to  lacrifice 
my  lite  to  u  ;  that  to  me,  it  appears  inconceivable,  that  all  the  enemies  of  ty- 
ranny, that  all  viiiuous  men,  do  not  march  with  us  to  the  combat }  and  that 
when  I  find,  an  injuftice  is  done  to  my  fellow  citizens,  that  their  interelts  are  not  ef- 
pouled  with  the  zeal  which  they  merit, no  confiderations  in  the  world,  wc|pld  hinder 
Cipher  my  pen  or  my  touguu  trom  tracitig,  from  exprefiing  my  pain^^I  will  tdl 
you  then  without  cei en  ony,  that  I  have  been  extremely  wounded,  Sir,  i  ft,  that 
the  Pi^.dent  ot  the  United  States  was  in  a  hurry,  betore  knowing  what  I  had 
to  traninVjt  to  him,  on  the  part  of  the  French  Republic,  to  proclaim  fentiments, 
on  which  decency  and  fnendfhip  Ihould  at  leaft  have  drawn  a  veil.     sd.  That 
he  did  not/  fpeak  to  me  at  my  firft  audience,  but  of  the  friendship  of  the  United 
States  towards  France,  without  faying  a  word  to  me  ;  without  anouncing  a 
Cngle  fcntiment  on  our  revolution  j  while  all  the  towns  from  Charlelton  to  Phi- 
ladelphia, had  made  chc'air  lelbund  with  their  moft  ardent  wiflies  for  the  French 
Kepublic.     3.  That  he  had  received  and  admitted  to  a  private  audience,  before 
ray  arrival,  Noailles  and  Talon,  known  agents  of  the  French  ccunter-revolu- 
tionil^s,  who  have  fince  had  intimate  relations  with  t\Vo  members  of  the  federal 
government.     4th.  That  this  fiift  magiftrate  of  a  free  people,  decorated  his  par- 
lour with  certain  medallions  of  Capet  and  his  family,  which  fcrved  at  Paris 
as  fignals  of  rallying^     5th.  That  the  fidt  complaints  which  were  made  to  my 
piedeceiibr  on  the  armaments  and  prizes  which  took  place  at  Charlefton  on  my 
ariiva},  were  in  fa<5l  but  a  paraphrale  of  the  notes  of  the  Englifli  Minilter.    6th4 
That  the  Secretary  of  War,  to  whom  I  communicated  the  wifh  ot  our  govern- 
ments of  the  Windward  lilantis,  to  receive  promptly,  fome  fire-arms  and  Icme 
cannon,  which  might  put  into  a  Itate  of  detence,  pofltflicns  guarantiul  by  th« 
United  States,  had  the  front  to  anlwcr  me  with  an  ironical  careleflhefs,  that  the 
priticiples  eltabliflied  by  the  Prelldent,  did  not  permit  him  to  lend  us  lb  much  as 
a  piltol.     7th.  That  the  Secretary  of  the  Trealiiry,  with  whom  I  had  a  con- 
vcrlation  on  the  propofitlon  which  I  had  made  to  convert  almoft  the  whole  Ame- 
rican debt,  by  means  of  an  operation  ot  finance  authoriled  by  law,  into  flour» 
rice,  grain,  ialtcd  provifions,  and  other  objeds  of  which  France  had  the  moft 
prcfling  need,  added  to  the  refulal  which  he  had  alreaily  made  officially  of  favoring 
this  arrangement,  the  pofitive  declaration,  that  even  if  it  were  practicable,  the 
United  States  could  not  content  to  it,  hecauie  England  would  not  fail  to  conlidcr 
this  extracidinaiy  reimburlement  furnilhed  to  a  nation  with  which  flie  is  at  wai > 
as  an  aft  of  holtility .  8th.  That  by  inltruftions  from  the  Pi-eiident  of  the  United 
States,  the  American  citizens  who  i-anged  themfelves  under  the  banners  of  P'rancej 
have  been  prolecuted  and  arrefted  j  a  crime  againft  liberty  unheard  of,  ot  which 
a  virtuous  and  popular  jury  avenged  with  eclat  the  defenders  of  the  belt  of  caufes* 
9th.  That  incompetent  tribunals  were  lufFered  to  take  cognizance  of  fafts  rela- 
tive to  prizes  which  ti-e.ities  interdift  them  expallly  from  doing  j  that  on  the 
acknowledgment  of  their  incompeieinre,  this  property,  acijuired  by  the  right  of 
war,  was  taken  from  us,  that  it  was  thought  ill  o|>  that  our  confuls  protelted  ' 
againft  thefe  arbitrary  ails,  and  that  as  a  reward  for  his  devotion  to  his  duty, 
the  one  at  Bofton  was  impriiontxl  as  a  malefaaor.     icth.  That  the  Prtfiutut 
cf  the  United  States,  took  on  himielf  to  give  to  our  treaties  arbitraiy  interpre- 
tations, abfolutely  contrary  to  their  true  lenle,  and  that  by  a  Itries  o'f  deciiioiij 
^yhich  they  would  have  us  receive  as  laws,  he  left  no  other  indemnification  to 
France,  for  the  blooil  ftie  I'pilt,  for  the  ti-calure  Ihe  diflipated  in  fighting  for  the  in- 
dependence ot  thcUnitcdbtates,  but  the  illuibry  advantage  of  bringing  into  tluii 
ports  the  prizes  made  on  their  enemies,  without  being  able  to  tell  them,     i  it!;. 

That  no  iimSrw  is  jv:  givcii  i©  tiic  awtiiiutivw gi  the  tlccrvs  gf  tlii.  2^*uo»ai 


Conv-ntlcn  for  cpeniafj  our  ticrtsi.;.  tl;c  two  v/orlcUto  t'v:"  Ax:E,'can  cit!:^<*ii»,  ■\n>i 
jr-rmitinir  tiiC  Tame  iP.ivor.^  to  U'.m,  a^  to  the  J.'rc;i.:h  citizens;  ai\r.ri-ajjcs  \rliiJj  \Aill 
i-nifc-if  ta.re  be  a  C();;;ii.ijinci;  tm  ticat  ;:3  \vu!i  the  l.'.mj  iujuiitce.  i;tu,  'i'l.it 
Iv:  his  cl.,fw-ri-ci  in  ipltc;  oi"  my  rgfjiixHf'vI  i:'.rii;u::t'o;is,  to  cojiv.i]:c  Coan;ivL  inub:- 
tlkUi.'v,  T'l  onkr  to  mt^e  the  truefcntini^nh.  of  ilic  people,  to  fix  the  jKuiticul  fyftcia 
of  tiu' 'Ciutvj '■■'."a^rn,  iticl  tf>  d/.I.b  \v'n.t1ier  tK-y  \v"u  .h:\.u''i,  fi;!]|K-:iJ  or  ti;^hti^tt 
their  I::-.nus  Vvl;!!  FruiCi::  an  l^c.''"-.^.  m':;iri!rc  v.ji'ch  \/au!:'I  liivv.-  uyuiileJ  t)  I'ic 
feck-ra!  ^_')\Vrr.nient  nuch  corti':v\ii'^Ioli't:r>J!  fuht'crruj;?,  to  hie  ir,y:h  pain  .;  A^'  s^v- 
;V-!i:.  to  ih-i  loc::f  '^AT-.-Timcnt'?,  cmb--'.rmfri-,uT.ts,  fo  ;nud»  fhc  {.ri-iitcr,  l^  tl' -f 
l'oiin..1  thciiiil'lvcs  pi'.v  ,'i„.tv.':'cn  tr-nit'o^  v.l.ijh  nrc  I;uvs  i.nil  u-cinoji:)  of  thu  t.-' 
tirra'  rovn-nin-Tit,  v.'h-L-h  an:  rc;t  :  in  f.:;.-,  to  the  tribi-.Tal",  d'.itk?  fcimuch  thc,iA:iia 
puiiiMil  to  fiilH!,  as  t'\.'y  h,-.v  iiccn  (jff.n  •.itv'.or  the  nec^I/iy  of 
ciiitvary  to  iiv*  int.nt:'^:^  t4  the  fx-vcTrnirnt. 

It  rolults  iVo'in  al!  thTc-  f',-!)'?,  Hr,  ih;'t  I  nuld  nt.t  I  '.it  h,-;  pn'oundly  a'^o^-ecl 
wi'.h  the  con  hull  of  the  Fcd.'i't^l  Oorer'.ur.pr.t  towaviis  v.i)'  corr.tr;:,  a  ccr.du,'^!:  fa 
contrary  to  whit  the  w'.U  dftiidr  fovprei;;n,  to  Vv'h:*t  the  prccccdinjs  c,f  m-n; 
f  :\vo.  nil'  ffiifoii  tv  ty\H''\  :  anJ  tint  if  I  have  flievu  frimie's,  it  is  hecanfe  it  r.-aa 
iiiclifptijfahlc  that  r\y  relilb'.ncc  ihouM  he  rqnal  to  th.e  rpjTcflir^::,  to  the  injuflice, 
v.'hich  were  in  oppnlitlon  to  the  intercKS  confided  to  me;  it-  ii,  that  it  was  not  in 
my  chare.^^lcr  to  Ipet-.k  as  meny  people  c'o,  in  ore  wey,  a'id  ae:  in  anotlicr  ;  to  ]  2\s 
an  olficia!  hingnr.jv,  and  a  laiK:ua';e  coiihdentJah  1  have  dnm.  ('ui^i-Iy  my  duty; 
1  have  defcuiiediuy  j>;round,  and  1  v. ill  fiiirer  no  prccedci't  a^truinll  any  of  the  ri^jjhtj 
<if  the  French  peoiile  while  tlicre  remains  to  inc  a  breath  cl  li.'e  ;  v.liilc  orr  two 
repuhlic'i  Ihall  not  hnve  chunj^ed  the  balii  of  their  political  and  commcrchil  rrlati- 
on.4,  while  they  fiiall  not  have  pcrrcaded  the  American  peiple  thit  ii:  i=!  more  ad« 
vantiFjeous  for  them  to  beciMne  infcniV,  !y  tli.e  flaves  of  tnjijland,  tlie  pafllve  tr;!)U- 
taries  of  their  coiiimtrce,  the  fport  of  <'"''ir  pohties,  than  to  remain  the  allies  of 
tiic  tiidy  power  wh(<  may  be  in-erciied  to  defend  their  fover^ignty  and  their  inde- 
jieiu';nee  ;  to  open  to  them  their  colonies,  and  to  tiicir  riche;;  ihelb  markets  wiiicli 
double  their  value.  If  it  be  to  thij  thr.t  trnd  all  the  maciunaiions  fet  in  !m:tioa 
a;v:iiiiiT:  the  French  republican-i,  ajid  n;pu:rc  tluir  friends  in  tlie  United  St:Ue3  :  if  it 
be  to  attain  tliij  more  convenient!;',  that  lliey  v,-;{h  to  h;.vc  here,  inilead  of  a  de- 
mocratic aml>.ifrad'.>r,  a  miniAer  ol  the  antlent  regimen,  very  Qomplaifant,  veiy 
mild,  well  difpofed  to  pay  his  court  to  people  in  place,  to  coiif jrni  himfeif  blindly 
to  whatfoever  may  flatter  their  views  and  their  proje^Tis,  and  to  prefer  above  all 
to  the  modeft  and  furc  fociety  of  j^ood  fanners,  plain  cil.;:.ciis,  Iioncfi;  artii'iuxs, 
ih.at  of  dlftingullhed  perfonages,  who  fpeculate  fo  patriotically  on  the  j'uhlic  funds, 
on  the  lands  and  paper  of  the  flate„  I  know  not  if  the  rreucli  republic  can  find 
for  you  at  this  day,  fiuh  a  man  in  tlieir  hofom  ;  but  in  all  events,  iir,  I  can  afiure 
yn,  that  I  will  prefs  very  ilrorgly,  itSi];overnmL,nt,  io  f.^nifue  ir.t  v.'lt'j.uit  /.'^j'uiJi^;:^ 
if  this  injulticc  ofTers  the  leaO-  utility. 

■"  '  Accept  myrefpc;!^s, 

■■  ■     —       '^            •  GENET. 

■_,...'.      .1 

Note.  This  letter  was  one  nmon;;  feveral  others  whieh  wcrr  received  at  the 
Secretary  of  ftate's  office  in  rhiiadclphia,  there  formed  into  a  packet,  I'ept.  30, 
addrcfled  to  him,  and  forwarded  by  pofl  to  Virginia.  IJy,  fomc  accident  of  tht 
poft,  they  did  not  get  on  to  him  in  Viip;!nia,  were  returned  t9  PhiJaCclphl.i,  an^ 
lk«r*  rscei-ved  by  liiai  only  tht  ju  *Ia^  of  iJeceinbsr. 


\ 


■:*,..  J  J  "I  I     "-■>  . 


»    .1    .^.1 


1;  -y':'  1    ,.   J.: 


i 


#. 


t     74    1 

PlIILADRLFBIA,    X-/'tfmL-r  5/^,    17 J i- 

Jdi.  yi-^'t.'rj'h'iy  Setretui-y  tj   Sta!!,   to    .".//•.   Hammond,   Allnijlcr  i'Uui^clenlijry  of 

--        -  ••  Grcjt-Biiiuh^.-   

Sir, 

I  AM  iionorv'il  wiihyour's  ofAiiguft  ;,cfh  :  luinf  oftlie  7ih  rT  that  month  cil- 
I'urcd  ymi,  that  mcai'iires  were  takino;  for  cxchidinp;  from  all  further  afyluin  iti 
car  j>orls,  v^  iXcU  armed  in  them,  to  cruile  on  nations  with  which  we  arc  at  pL.icc,  und 
for  the  relloruiion  of  tlic  prizes,  the  Lovely  Lafs,  Prince  William  Henry,  and  the 
Jane  of  Dublin,  and  that  flionld  the  nieafures  fcr  niHtution  fail  in  their  efivH, 
tlie  PrdiJeiit  conadcrcd  it  as  incumbent  on  the  United  Siatss,  to  make  compcnla- 
tion  for  the  veflels. 

We  arc  bound  by  our  treaties  with  three  of  the  hellijjcrcnt  nations,  t>y  ,,•//  I'e 
fvcaiis  i/i  cur  f'otvir,  to  proteiit  and  defend  their  veiftls  and  cfifi^s  in  uur  jorts  cr 
waters,  or  on  the  leas  near  unr  fliores,  and  to  recover,  and  rcitorc  the  fame  to 
the  right  owners,  when  taken  ftom  them.  If  all  the  means  in  our  power  are 
II (Id,  and  fail  in  their  cffeci-,  we  are  not  bound  by  our  |rcaties  with  thole  nations 
to  inakj  conij>eiuUtliMi.  / 

Though  we  have  no'fimilar  treaty  yd(h  Great-Britain,  it  was  the  opinion  of  ihc 
Prefideiit,  that  we  Ihould  life  towards  that  nation,  the  lame  rule,  v/hlch,  undr 
thii  ..rticlc,  was  to  govern  iii  with  the  other  nations  ,  and  even  to  extend  It  to  il,e 
captiircb  made  c/:  the  hhh  fcas,  and  brought  into  our  ports,  if  done  by  velleU,  ■whli.Ii 
3iad  been  anned  within  them.  ' 

Having,  for  particular  reaf(»ns,  forborne  toufe  nl!  tben^eans  in  o'/r  poiviy,  for  the 
rtftitution  of  the  three  vefleh  mentioned  in  my  letter  of  Auguft  7th,  the  Prcli- 
tltnt  thouj;ht  it  incumbent  on  the  IJaited  ^-'t3tes,  to  make  rompenfation  for  them  : 
and  though  r.othing  was  faid  in  that  letter,  of  other  veflels  taken  under  like  cir- 
cuniAances,  and  In-ought  in  after  the  -jth  June,  and  irjlre  ihi  d,'!i  (,f  :I.at  Ltt^-r, 
yet,  where  the  lame  forbearance  hid  taken  place,  it  was,  and  is  his  opinion,  that 
cempenfation  would  be  equally  due.   / 

As  to  prizes  made  under  the  fame  circumdanccs,  and  brought  in  nf/^r  il:  d,:U 
#/■  that  htt.'r,  the  l^refideni-  deternuned,  that  all  the  means  in  our  power  lliould  be 
ufcd  f(,r  tlicir  leftitution.  If  tliei'e  fail,  as  wc  IhouId  not  be  bound  by  our  treaties, 
to  make  eompenfatlon  to  the  other  powers,  in  the  anaiujijous  cafe,  lie  did  not  mcaa 
to  |j-lvc  an  opinion,  that  it  ou^ht  to  be  done  to  Great-britain.  But  ftill,  if  yny 
cafes  fli.iU  ari'e  I'uLfcqiur.t  to  that  dat';,  the  circumftances  of  which  iliali  place 
them  on  iir.iilrr  ground  with  thofc  b^'crc  it,  the  Prelidenc  would  think  cuiu- 
penfation  oqua^y  incumbent  on  the  United  States. 

lnflru(5lion';  nre  <';iven  to  the  governors  of  the  different  flat -.1,10  ufc  i.U  the  means 
in  thcic  p';v.'er,  for  reftoring  prizes  of  this  lail  defcrlpiion,  found  within  tb^Ir 
ports,  'i'hoiigh  they  will,  of  courfe,  take  mealurcsto  be  informed  of  them,  and 
the  general  govcrnnicnt  has  givfii  them  the  aid  of  the  cullom-houfe  oHiccrt.  for 
this  purpclc,  yet  you  v/Ill  be  lenhble  of  the  inipurtance  of  multiplying  the  chan- 
nels of  their  information,  as  far  as  fhall  depend  on  yourl'clf,  or  any  ptrfiiis  under 
y.iur  direction,  in  older  that  the  governors  may  ufc  tiic  means  in  ihcir  power,  for 
luaking  rcltitution.  Without  knowledge  of  the  capture,  they  cannot  reflorc  it. 
It  will  always  be  bell  to  give  the  notice  to  them  diredly ;  but  any  iniormaticjii, 
which  you  fhall  be  pli.ilei  to  fend  to  me  alio,  at  any  time,  fliall  be  forwardgd  t« 
them,  as  cjulcklyas  diiiumc  v/ill  permit.  / 

•    Hence  you  will  perceive,  fir,  tiiat  the  Prc{i''^nt  coutLmtlcfcs  ;-cy?.V.i/,'a/j  or  «,•;> 
jjaififmn^  in  tile  cafes  before  the  jth  of  Augu",  and  cfkcr   that  date,  rifliiuthn,  if 
it  can  be  effeded  by  any  means  in  our  power  :  and  (hat  it  v^lU  be  important,  that 
you  Ihould  fublhntiate  the  facb,  that  fuch  prizes  t.re  m  ourpoits  or  watcr-^.^-*     , 
Yourliil  of  tlie  privateers  illicitly  armed  in  nur  portj  is,  I  believe,  coxrCifl:— / 
With  refpcA  to  loffes  by  detention,  wafte,  Ipoliation,  I'uftaitied  by  velltln  lfake» 
as  before  mtntion.,d,  between  the  dates  of  Juiu;  5th  :  iid  Auc;u{l  7th,  it  i!>pro]io{- 
«d,  as  a  provilional  meafiire,  that  the  colleger  of  the  cuftom-;  of  th-  diflriif,  auJi 
•bs  BritUh  wonl'ul,  or  any  oth;r  peribii  you  plcafe,  fhall  appoint  j;.crlon»  to  cCujisfc 


795- 

liury  of 

nth  af- 
rluiu  ill 
.ICC,  all  J 
and  the 

75     i 


I-  tlVv-'.-t-, 
mpeiilU- 

^   all   t-i 

joitE  or 

fame  to 

IV.' or  ;'.re 
;    llutioUii 


m  of  llic 
h,  muV  r 
i  it  to  lie 
U,  whltli 


AC 


•,  for  tl 
Pic  Prcli- 
)r  them  : 
like  cir- 
lat  Lttiry 
lion,  th;'.t 

•;■   ill  r!.-!e 

llvoul.l  be 
r  treaties, 
not  nic;r.i 
11,  if  fiif 
all  place 
ink   cuin- 

hc  nieuns 

\'m   their 

cm,  and 

iiceft,  fur 

the  chnn- 

)!i,s  uiukr 

ower,  lor 

eflorj  it. 

irin:ui()i(, 

vard(;d  t» 

■I  or  co.'r- 
'ilutiari,  it 
::\ut,  tlv.it 

•r-i>y 

,  takt;« 

L,  yroiiiil- 
Irid,  MiiJ' 


the  value  of  th;  vcHVl  mJ  cnr-vo,  at  the  times  of  hor  captur:  anJ  of  li:r  srilvc".!  'h 
the  port  into  which  Ihc  is  brou.;r.t,  according  to  ihc  v.du-j  iutli.it  pou. 

If  this  fiv'.il  be  ajrcH.^M.jj  aiiil  you  will  be  pltafed  to  figiiify  it  :o  lue,  witk  th« 
»amc3  cf  tlic  prii^e^  und  ■'•ftcod  to  be  of  thii  dcfciiptlun,  iiUbuiilions  will  bt;  j^ivta 
accordiiijjly  to  the  tciku,..i'i  of  the  cufboms,  wlicrc  the  rcfpe^ilivc  vefki'-.  are. 

1  L;ive  the  honor  to  be,  <?<e. 

T  II  :    J  E  F  f  E  P.  S  O  N. 


R  1  R, 


Philadelphia,  Sej^ta-ihcr  7,  1793. 


FINDIMG  1iy  the  protcfts  of  fcvcral  of  the  Confuh  of  France  ; — ^l)y  their  adver- 
tlielncnt^  in  the  public  papers,  and  other  pro:ee:iinoj,  and  by  other  fu/ucii.'nt 
teflimony,  that  they  claim,  and  arc  exercifinf^,  within  the  United  Stares,  a  general 
admi.\.!;y  jurifdiilion,  and  in  pp.vticuUir,  affume  ta  try  the  validi;;y  of  prices,  and 
to  f^;v(.-  r.nteiK'e  thereon,  as  j"dj.;cs  t)f  admiralty  ;  -and  mrnrover,  that  they  are  un- 
d::t;.i;ing  to  give  ccpim.'iTKjni  wiiliin  tl  •:  United /states,  and  to  enlifl,  or  tnco;iri'j;» 
the  ealiftmcnt  of  men.  natives  .-vr  inhabitcnts  of  thcfe  iV.Uss,  to  commit  holhiitie'j 
on  n-itions  -with  wjioiu  tlie  Lnitel  Sla'.'s  are  at  pea;--,  in  dlreet  oprufition  to  t!'.4 
iaw3  of  the  l.::-.d.  '  I  have  it  in  charge,  from  the  Preudent  of  the  United  Stare i,  to 
5;ivc  noiicetoart  the  cnnfuls  and  viee-conlul.s  of  France,  in  the  United  States,  aj  I 
jicreby  do  to^yon,  that  ifany  of  ilicm  f.iall  cjmmi'-.  ar.y  of  the  adj  before  nieiiiion- 
ed,  or  affunie  any  jurird'cliou  not  cr.niXlMy  jjiven  by  the  convention  betwera 
I'rance  and  tiie  United  States,  the  F.reip.iatnr  oftlie  confnl  i'o  traiifgrcniug-,  will  ha 
imm;;Ii.;"ely  revoked,  and  his  pcrfon  be  llihriiiltcd  to  fuch  pi oKcntions  and  puniih- 
3Baru:&i.5  the  inv/smay  preicribr  for  the  cafe. 

I  have  the  honor  to  be,  ^x. 

Tu:  J  E  F  r  E  R  S  O  N. 

Citizen  Francois  Dupont,  Conful,  rhiladelphia. 

C;tlz(-n  iV'ToiiVonier,  Vice  C-Miful,  Mivyland. 

C.tizen  Mar.gount,  Ccnful,  Charlellon. 

The  citiiien  liuUterive,  Conful  from  the  Republic  cf  France,  at  Ncvz-York, 


Pifii  ADF.t.PiiiA,  Sfptcml'cr  ^thy   179.^.      """ 
Ilr.Jjf.:/.::,  Sc:r:L:ry  cf  Si.iti-,  to  Mr.  Cad,  Mluijler  PlewpoUtitiary  vf  Franet. 
Sir, 

IN  my  Letter  of  June  acth,  on  the  fnbjcfl:  of  the  flnp  William,  and  gen-^rally  of 
vc.Te'.s  fuggeiKd  to  he  taken  within  the  limits  of  the  protedlion  of  the  United 
States,  by  the  armed  vcflels  of  your  nation,  I  undertook  to  affure  yon,  it  would  b« 
nvire  agieeahle  to  the.  Prjfideiit,  that  fuch  veffcls  I'lould  \vi  detained,  under  tli« 
order;  of  yoiirfrlf,  or  the  CoiUuls  of  luwncc,  than  by  a  niiliLary  guard,  niilil  th« 
p^overruiient  of  tiic  United  States  flaould  be  able  to  enquire  into  and  decide  on  the- 
^  ?:.  /la  two  r^uuruie  letfer.s,  of  the  1<)\.]\  of  the  lame  mondi,  I  had  the  honor  to 
inform  you  of  thj  claims,  Uxiged  w:tii  the  cxecuilve,  for  tlie  feme  niin  William  and 
t!.:  b/ig  i'ar.-iy  ; — to  ciu-li  le  you  the  evidence,  on  which  they  were  foun.led,  and 
to  dcfire,  that  if  you  found  it  juft,  yuu  would  order  the  v.flel*  to  be  delivered  to 
t'vj  ov,njri,.-rjr  if  overweighe  1,  in  y  mr  judgiu^iit,  by  any  tontradldury  cvidc!i:2 
vji'-Ii  you  ni!;;,ht  have  or  aequirc,  you  vculd  do  aie  the  fiver  to  conimunicate  that 
evidence,  aad  that  the  Cnfuls  of  i^■ranee  might  retain  the  veflels  in  their  cuflody, 
in  tlicmeaii  time,  until  the  E.vecuLiv-t.  of  the  United  State,  Ihuuld  coiirid.:r  and  de- 
cide finally  on  the  fubjcel:./ 

\:\\z\i  that  mode  of  pro'ceeding  wa5  confented  to  for  your  fitisfavilion,  it  w-r.by 
no  nn^anj  iui>;.riucd  it  vvuu'.d  have  occalicnoil  I'u  \i  delays  of  ju!*  '.^: :  to  ikc  ir.t.ividu.i^n 
iu'^refted.  /'iJ.ie  I'leildjU  ii  ftiU  wiLliout  iu''::rmatioa,  uither  that  the  vciul-iai-; 
reitored,  of  that  you  L.ive  any  evidence  to  ..iter  as  10  the  p'aee  of  captun;.  I  rail 
klieivfoi-e,  o;r,  to  repeat  tlie  lequ.";^  of  early  iulorlnation  on  thia  I'l.biec',  in  ordei- 
that  if  any  iujury  ha*  be.'a  don*  i.huU  inta\ikd,  It  ttiny  be  u*  longer  a;;ji:-.wawd  by 
^tthiy.    / 


[     75 


] 


'ik> 


The  mtrr.tlor.  crtli:htt;r  cf  _[■::::  :.;th,  ha\!:.~  !;::n  to  y.trr.A  .'cxh  \icf^cU  f 
rcmaiii  in  the  c'.i'.lody  of  the  Coniuls,  iiilLail  of  lli.it  of  a  niJiitjry  giir.rd,  (wliich, 
i:i  the  cafe  of  the  j!iI{>  Wiliiim,  appcarnl  to  have  hcen  ilifigrccahK:  to  you)  the  iii- 
rfiil^ciKc  wus,  ofcor.rfe,  to  he  undcrflood,  as  jroliig  on!/ to  cafes  where  the  Fxecn- 
tiveiri;;iit  take  or  keep  jiciTeuiim  with  a  milir.irv  "uard,  and  not  to  interfere  with 
the  autlioritj' of  thf  coii.ts  of  j>alHee,  in  any  cnfc  v  h^:relii  tli-  y  fliould  undertake  to 
aci.  ^JVIy  letter  of  June  2>jih,  accordinj'Iy,  in  th^-  fame  cai'e  of  the  fhip  William, 
iiifirt-med  yon,  th'it  no  j'ower  in  thib  country  could  t  ike  a  velVcl  out  of  the  cuftody 
cf  tlio  couris,  iind  that  if  was  only  he,:iufe  tliey  decided  not  to  taUc  cogni<:ance  of 
that  cafe,  that  it  rcfulU'd  tj  the  iiXw^Ulvc  to  iuterfere  in  it. 

C'o-.ifcq'.iently  th!j  alone  put  it  in  thfir  power  to  leave  the  velT.l  in  the  hands  of 
»ho  Cnnlul.  'I'he  courts  of  juPciee  cxereife  tl-e  fovereignty  of  this  country,  in  ju- 
diciary inciters,  are  fnnivine'  in  their,  and  liable  neither  to  c<;iitrol  nor  oppolition 
from  any  other  hra.'.ch  of  t!ic  goverr.ir.cnt. /\Vc  learn,  however,  f;om  tht;  enclofcd 
panel,  that  tlieConfu!  of  New-York,  In  tlVe  fiilt  Inftancr,  a:id  yourfclf  in  a  fuhfe- 
quenr  one^ferhidan  ciVrrrof  jiilliec  to  llrve  th:  jTocefswitlt  w/iich  he  was  charged 
from  his  court,  on  (Ik-  Ilrltiili  I)ri'.^  \»"U'iiam  'i'el',  tJicn  by  a  French  armed  veil'el 
vithina  mile  of  ov.r  *!ierci,  a;,  has  been  dcp')frd/jn  oAth,  r.nd  hroiij'ht  into  New- 
York,  and  thr.t  you  had  even  given  orders  to  the  French  fquadron  rherc  to  prctcv'l 
the  v^lTel  a^f^^airft  an/  perfi  n  who  fliotildattemp.  tjtakc  her  from  tiieir  cuftody.  If 
this  oppoihion  were  ioundcd,  i '  is  there  ij^-gcfie'',  on  the  indul^xnej  '■/  the  letters  be- 
fore cited,  it  was  estendin;^  that  to  a  cafe  not  within  their  purvieii ;  and  even  liad 
it  been  frecifeiy  t!ie  cafe  to  which  thi.y  wore  to  be  apnHrd,  is  it  p'  .Tible  to  imagine 
you  m'j'kt  ;"''''.rt  it,  wluiiri  the  body  of  rlie  country,  by  force  cfarms.' 

I  forbear  to  niake  the  obiervafions  w.hieh  fuch  a  meafure  mu.l:  fu;><jcft,  and  can- 
not but  believe,  that  a  moment's  re",  f. ion  will  evince  to  you  the  depth  of  t!  error 
committed  in  thisopporir''-.u  to  au  olF^er  Oi"  jiillice,  and  in  the  nuaus  propoi'ed  to 
be  rcfortrd  to  ii:  furp ort  of  it.  / 

I  am  t)»er-rore  chji-,jcc!,  to 'declare  to  you  cyprcfbly,  that  tic  rieftdent  cxrei'^f 
a".d  ret^uire:,  t'i.it  the  oIii..»,r  of  juitice  b..  •:  obfrrueled  in  fredy  and  per.c.uhly 
ftrvlnj:;  tiie  proecfi  ot  ii-s  court,  ar  l  thur,  ;i  the  mean  time,  the  vtftei  ar.d  her 
carj;obe  notfuiT'errd  to  depart,  till  the  jidiiary,  if  it  wiii  nn^ierta'ce  it,  or  iiimfelf, 
if  not,  flir.ll  diicidc  whether  ih-  feinurc  has  been  mud;;  v.'ithi:i  tiicliuiitsof  cur  pro- 
tedlion. 

I  have  t'.e  hcr.or  to  be,  Szc. 

1'  i:  :    JEFFERSON. 


Mr. 


^r  .'?.■. 


to 


P.;:i..-.D;:LPriiA,  S.'pU!.ii<i-r  ()ih,  1793. 
Mr.    H.:i!.t:.si.J,    I.:f:;:j!.r    ricitij^ctenti-rj    of 


•.I. -Jin: 


Sir, 


In  WE  thf  boner  to  acknowledge  the  receipt  of  your  two  memorials,  of  the 
4th  ai-d  6tl;  iuflunt,  whieh  have  been  duly  laid  Lei't  • .  ihe  rrellt'ejit  cf  the  United 
tales. 

You  cannot  be  uninformed  of  the  cireuniuai-ees  v.h'ich  have  occadoned  tlie 
French  fquadrnn,  now  in  New-Yoik,  to  feel;  an  afyli'm  'ii  the  ports  of  the  United 
States.     Driven  from  thofe  v.here  they  were  on  duty,  by  the  fuperiority  of  the 


ar.veiic  party, 


ni 


the  civil  war  wliieh   Ir.is  fo  uiil.a;viiiv   afilicled   the   colonics  of 


ranee,  i.H.a  Wiiii  t 


th 


ictc 


b.ed  fi 


u-it: 


es  fro 


m  tiie  t;iine  u 


:nes  of  diflrefs  and  dc 


folatlon,  without  v.Mtcr  or  provi!ion.i  fur  the  fhortcft  voyage,  their  veiT«'ls  feirceiy 
a  condition  to  l-c-.p  the  fca  at  ..11,  riicy  were  forced  to  fiek  ti;e  ni-arcil  portg  in 
h  they  coe.Ii  be  received  ai'd  i'lippIiL-d  with  neecCaiie  j.  /  i'liat  they  I  ive  ever 


v; 


bt.il  oui  ai'.ain  to  cruii'e,  ij  a  fa^.!.  we   have  never  heard,  anfl  whii  Ii  we  b'  licve  to 


e  impofiiOie,  irom  inc.  mrormation  received  of  their  w.'.nls, and  o 


Imr.iiinienti 


to  active  fervitJ.     This  cafe  liaii  b..en  noted  fpee'a'.ly,  to  fliew,  that  no  ineonveui- 
#«cc  eoidd  iiiivc  been  ^rotluted  to  the  trade  of  d;c  other  hell i^'erci.'.  powers,  by  tke 


r 


11 


1 


g 


pirfcnc:  oL  this  {!i:;t  in    o.::-  !i3i-!-..)i:'r«.~I   /li:;!!   •-.or:  j;'ro:ecJ  to  r.i-jrc  g-;ier:.l 
ground,  y' 

Fiaiw,  Ertp;]  tn<!,  an-l  ;ill  cLlur  na'rons,  have  a  rljrht  to  crnile  on  :)i:r  coifts ;  a 
iu)t  ;Li"l\fed  froui  oiii  p. !;ii.:lj,'n,  but  iroui  the  uv/  of  niti'.r..  To  r:  ic'^.r 
till*  more  udvantay;(.*<jus,  l-'nince  hiA  fvi:arcd  to  horitU",  by  tr-Mty  v.  h  Ui  ('..  Ihc 
ha:ilo!ie  a'.fo,  bv  a  rrea'/wiJi  iJ.i'.r-IJrit.-.Iii  *n  ihc  cv.it  of  a  w;'.i-  '..Itu  us  o.-  .u-'y 
oiIuT  uafi'j.i;  two  i^'-i-'i'^i  v\>^''-X'i.-Jii\.  Ad:v..i:iuii  for  her  pc>i'i'--'..i'-"'4ifl}'r.-:^^,"''-*'* 
our  po.-t3.  I'hi^  I)/  the  XVlith^md  XXliJ  urtklci*,  it.  ftcurcd  t(7"lu:r  cV(.l,ift..,l/ 
oi  li'.T  t-iu-m!cs,;us  is  clone  for  iier  in  the  l;'-.uyC.'.i"„' by  GiJii-Brhaln,  were  hv;r  pre- 
fen":  war  with  uj,  iaftjad  cl' ^  '  ■zj.i-'AT\u\.\.'Jt<\.  AJ;nifiic}ii  for  lier  oubl'c  y^ilU^^  (.f 
wai  into  our  ports,  W  .afcs  oi"  ilrcU  ui'  weSther,  pinucs,  en?;nies,  or  otJi' r  "urj^'tnt 
"fTljji.iTi'y,  to  r  trcfii,  vi:"lual,  rcp.iir,  &J.  'I'iii.i  iir.Jtexcli.rr/.;  :  As  vv^  «i^  ijr;u.id 
by  tr<:i;ty  to  rc'relvi  the  puuli.:  ai iuod  vcff  Is  o:  ihnci;,  utI  arc  not  bo..'n.l  to  cx« 
cl'idj  thofij  oi  ]icr  ,;n..niitC3,  the  c  .jci^tiv  •  iuvc  r.^-vcr  dcai';]  thj  finis  fi^i:t  of  '.ry- 
lu:ii.  in  our  ports,  t »  the  pi  '  lie  armci  -.x;!';;!.  of  your  uatic.i.  Tlicy  as  ■•.;  :\\  ;:.% 
tlie  Fieneli,  arc  fr^:^  to  cu.-iv;  into  them,  in  all  cafe;}  of  v.  ;atll;i-,'pli-:^r.e3,  ciumirs, 
or  other  urgent  neccfilty",  a;id  to  rcfru.'^i,  v.^uJ,  rcp-'r,  i^;.  Vad  fu  many  as 
thrlc  urgent  n-'t\irule:!,  to  vcCfels  iV.r  frcn:  th^ir  o.. ii  p<j;t-.,  that  \vc  iiivj  i.iioi;p;Ixt 
cuiairies  i.ito  the  nature,  a;  wel!  as  the  dc^i;ree,  of  tl.  ..•  n'.-  iiiti.'J  which  c!  i.-j 
theiti  ]ri|iici-,  as  ^.iidk'fsas  i-hey  vvci'.kl  he  fruitlji.;  an  I  ;I.  r.jfc-j  liave  r..:  i.;ai- 
thj.ii.  / A::d  th ,  rather,  1., eauro  there  is  a  tiiird  li^ht,  fetu.cd  to  iKither  'ly  tr  '.it  ,*, 
bat  uvre  to  j.»th  on  ths  piincijilei  of  hofijit.dity  bwCiVeeu  fri  -i..'.;/  r.VLi  mz,  — ti..k:  of 
cc:ai'i,j  i-:to  our  ports,  not  ;/*/■. r  .Ijj  pre []],>■<;  uf  ti.-^jnf  n.viy.'y,  b.i;.  wh:.never  th.  \* 
ccmfort  or  co'.ivca'-e:icc  indixtd  th.  a. — Oa  this  ;^roii.jd  aiiJ,  the  twj  lia.iwiij  ..le 
eirdTuotii;  '." 

As  it  haj  ncvsr  been  con'-eivcd,  that  eUhcr  would  djlain  thr'.r  {li!p>of  w^r  i.i 
our  ports,  when  they  .vtrc  in  u  condition  lor  uCtioii,  w:  a  ivi  iij'.-c*'  co:;eeive-!  it 
neccTl'i./  to  preKrlbj.  ..y  lini'ts  to  thctim;  <.•'.  tlihiril-y.  Nor  can  it  b'.'  viewed  .'.» 
an  injury  to  cither  part) ,  to  le'.  tlyrir  enemies  li;iile  in  oar  per^,  a l'.u  year's  end 
to  year's  end,  if  they  eliufe  ir.  /'1'hi.w  th.i;  ,he  ^)id>'ic  fnip-i  of  ..  u'  of hof.ii  nation* 
enjoy  a  perfect  eni;ul'»:y  in  our  p^ris — lir,  hi  eales  of  iir;;cnt  nee-'.::ty  —  ^d,  In  cuf;  s 
cf  comfort  or  converdjnce — And  3d,  in  the  time  they  ^hi'.'e  to  c.;:.liu'..i^-.ii:d  all 
a  friendly  j.o.ycr  can  aik  from  another  is,  to  c.x'.end  to  her  tin;  une  ■;:du'genc!^.t 
v/hie.h  lh;j  c.tcnds  to  odi.r  friendly  p;,  .vers.  And  li;c;.,\;i  the  ad.  ii.Tiod  of  :1;5 
prizes  and  pri ve.tC'.rs  of  i'rance,  is  e.\.ciuuve,  yet  It  i:  the  cire-T;  oi  treaty  .ivide  ion;.j 
^[jo  fur  valuable  eonfidc-ations,  not  witii  a  view  to  the  pn.Ln'i  cireiuntianees,  j.-or 
a-;;?.-.nn:  any  nation  in  particular,  but  all  in  j^jeneral ;  and  v.'.'.v,  tiicref'' 'e,  be  faith- 
fully (>bfi-r\red,  without  cflen:e  to  .Ki/ ;  and  we  ".'..•an  faitii'tviiy  to  obf  /.x- ";.  /i'tio 
lame  cieliifive  urtlele  h-s  been  r.:pulit.ed,  a;  w.-s  before  e.hieived,  by  d;. -l-Eiit^in 
in  her  treaty  v.ith  France  and  inde.d  ij  to  be  found  in  the  trea.Icj  bet\..,n  moll; 
nations.,-' 

W'itH  rcfp:.!  to  the  ufurpati'jn  of  ad:r '.rally  juiif.liciion  by  the  coiifuls  of  Fran---, 
wii-hin  tiicfe  il.itesj  tiie  honur  and  ri;-:.i.>:  of  tiie  ftate.i  thj.n'eivej,  were  iVjTicient 
motives  for  the  E-.eeutivc  to  take  me.ifurcs  to  ^nvvent  ii-  c.  itinuance,  a;  foon  as 
they  were  apnrifed  of  it.  Tlicy  have  been  led,  by  partica'ar  e.. I'.iid.'ry'' ns,  to 
await  the  cii^vC  of  thefe  maafure;,  bedevi:;.^  they  would  be  fe.iiiciei.t ;  but  u.-din;:;, 
Kt  length,  t])'jy  were  not,  fueli  ofr.ershu\e  beea  Li.ely  tai.:u,  as  can  ::o  lon^-er  fail 
to  r.-,p-^.'reli:  th!sirr.\.;-ulavity  corn^detely. 

The  iVelident  is  dJy  foulibie  cf  the   ch.iraifter  of  ilie  a.l  of  oppofi^.ion  tn    '    to  , 
thcfei'vlee  of  lr;^al  proeef*  on  tli?  bri.j  W-lliani  Tell,  and  i'.-  pr^fuin-.--,  th.  r,   ,ro- 
f-nraiions  made  on  tiiat  lulij.'cl:,  tj:!;e  Mii.ill.tr  of  [-r.mee,  wiii  luv''  tlie  efFe.-t  of 
op.nir.f/  u  free  acocls  to  il  ;  oClcer  of  julliee,  when  he  lhv.ll  ajaia  prefeat  hiinf^lf 
wiik  the  precept  -ji  Wuc^^.l. 

1  baveti;:'  h'-nv-r  t>  b--,  &e. 

l  M  :    J  E  r  :■    r.  R  S  O  N. 


J 


[     78     ] 

Xlr.  y'/f''>f-"t  Sft>\':.iiy  if  .^;.i/^,  l»  Air.  J'a^i   h^-iiial,  RfjiJti:'.  of  tie  Uti'titd  XitL'i- 
*-••  Un.ls. 

SiH, 

I  HAVE  the  linnor  now  to  aJ-nowIcdgc  the  rtccipt  of  your  mcmorlul  of  the  5th 
iiiilant. 

Yen  cannot  be  -jninfc  rmed  of  the  circimiHanccs  v/hich  have  on-ifoncd  the  Frenrh 
ftjundron,  now  in  Nc\T-Vor'c,  to i'tek  an  afyluin  in  tl.o  ports  of  tlu'  Unltcil  States; 
driven  frcni  thdc  where  they  were  on  duty,  by  the  iVreriority  of  the  advcrfe  party  in 
th(*  civil  war  which  has  i'u  iiiiliapplly  alTlidcd  tlic  colonies  of  1  ranee,  Tlkdwith  th^: 
wrttehed  fujnrivcs  fVor.i  tlie  fame  fcenes  of  diilref^  and  dcfolatinn,  witiunt  w.'ter  or 
piovifHni-,  for  t!i«  Ihorteft  voyafre,  their  vcrTcls  fcarcely  in  a  condition  to  I..-jp  tlin  fii 
at  all,  tli'.-y  weie  fcTced  to  feek  thv  ncareft  ports  in  which  they  could  he  received 
tr.d  fupplied  with  necciraries.  'Jhat  they  have  ever  hccn  out  again  to  cruifo,  is  a 
f  ic't  We  \yd\<-  never  heard,  and  wliich  v/e  believe  to  he  itnpoITihie,  frco  the  inf^rr;:!- 
tion  received  of  their  v.-ants,  and  other  impcdimtiits  to  udtivc  ferviec.  'I'his  cnfc 
lias  hecn  noted  fpecially,  to  fki.w  that  no  inronvenienoe  can  havchcen  produced  to 
the  tra;^  of  the  otlier  hciiir^crcnt  powers,  by  tl'C  prefeiice  of  thii  f.tU  in  our  lu'.r- 
Lriirs.y   I  finill  ;:ow  proceed  to  irr.rc  reneral  f^ro-.'r:d. 

l"rt(ncc,  Holland,  tnd  ell  cither  n;  lions,  have  a  ri^;.ht  to  cruifeon  our  coaPs;  a 
ri'dit,  not  derived  from  cur  permilTion,  hut  from  the  law  ofn.Uiiie.  To  rerdcr 
this  more  ud-anta_2:f'ous,  1  luncc  has  I'ecurtd  to  htrfelf,  by  treaty  with,  u*,  tv.n  fpc- 
c^u!  rights — ift-  Ai'min.on  for  licr  prizes  and  privateers  into  our  )  orts.  'j  hi.>,  Iiy 
the  XVIIth  a;-.d  XXIIdariicles  oi' our  treaty,  h  fev,u:\d  to  her,  cxi;l<.ir:vely  of  her 
c;.".niles,  and  there  ija  f.ilvo  of  it  hi  her  favour,  in  our  treaty  with  the  United  Ke- 
thcrlani^. — 2d.  A<:mifhc;i  for  her  public  vvfTels  of  war  into  err  ports,  in  c.fcs  of 
iirel's  of  weather,  pirates,  cr.cmiti,  f.r  ctln  r  i'4-i:;ent  r.ectiTlty,  V)  refrtfli,  vicinal, 
npuir,  &c. — 'Ibis  is  not  cxchifive,  and  is  fecurcd  alfo  to  the  United  Netherlands, 
by  Ciir  treaty  with  them,  iind  their  pr.Mic  armed  velfels  are  accordir:;vly  free  to 
come  iiifo  our  ports,  in  all  ci.fes  of  weatl'.er,  pirutcs,  enemies,  or  other  urj^cnt  ne- 
tefi'ity,  and  to  refrefti,  vieh;al,^ repair,  &c.  And  fo  many  arc  thefe  ur'sicnt  nccein- 
ties,  to  Villi. I^  fur  from  their  own  ports,  that  we  have  thouj.dit  enquiriis  into  the 
nature,  as  well  as  the  degree,  of  the  neci.f;".tic3  which  drive  tliem  h'ther,  as  end1ef» 
as  they  would  he  fruitlel's,  and  therefore  hv.ve  not  made  thera  :  .\nd  tiie  raihcr,  bc- 
caufe  there  is  a  third  right,  fecured  to  neither  by  treaty,  but  due  to  both  on  the 
principles  of  hoipitaKly  between  frii.ndly  naticn'^•,  that  of  ccmi'ig  into  our  ports, 
not  iiiiJ,-r  il.-  / ir/fti-^  r/.:nii:i  mr.f.'.y,  but  whenever  their  conifoiL  or  convenience 
R'.cliccs  them.     On  this  f?;!oimd  alfo,  the  two  nations  arc  on  a  fo'^tinp. 

As  it  has  never  been  conceived,  that  either  would  detain  their  flv.p;,  of  war  in  our 
port',  v.'l:eri  tl.cy  v.ere  in  a  condition  for  r.rticn,  we  have  never  conctivetl  it  nicel'- 
firy  to  prefcribe  any  limits  to  the  time  of  ti-'cir  flay.  Nor  ran  it  be  viewed  as  an 
injury  to  cither  party,  to  let  their  enemies  lie  idle  in  our  poits,  from  year's  end  to 
3'car's  end,  ifrheychufe  it.  'J'hus  then,  the  public  fiiipr.  of  war,  cf  both  natiois, 
enjoy  a  pvifcet  equality  in  cur  ports — ifi-.  In  cafes  of  urgent  lu-ccfrity — ;d,  in  cafes 
rf  cfun'ort  or  convenience — And  -,<.],  in  the  lime  they  ciiufe  to  continue  ;  and  all  a 
friendly  power  can 'tdk  cf  another  is,  to  ctt'Tid  toiierthe  f;'.ine  indiihj;encies  wiiieh 
fnc  cxtendj  to  other  friendly  powers.  And  thou<rh  thei'.dn'.'Iiion  ot  the  prir;e->and 
privateers  cf  Trance,  is  excluOve,  yet  it  is  th:  effect  of  trcuy,  made  hnig  an;o,  for 
valuable  confu'erations,  not  v/ith  ri  view  to  prefcnt  cireumllr.iic. ?,  nor  a;;;aiiill  any 
nation  in  partirular,  but  all  in  oemral,  and  may,  therefore,  be  f.'itlifuUy  obferved, 
without  olltncc  to  any  ;  ard  v.e  me:';-!  f-ithluiiy  to  oblervc  it.  And  thi'  ha:,  hcri 
♦xpri'loly  adr.;:ite.l,  as  was  before  obferved,  in  our  treaty  v.ilh  the  United  Neth^i- 
laiidfi. 

^Yith  rcfj-fc^:  to  thr  •.■'Vrpntlm  of  admirahy  ;uri''"die>ion,by  the  '•onfuls  of  France, 
within  tlufe  liar-.  ■.,  the  l.Miorcr.d  rij'ht.s  of  the  IhUcj  tficmfelves,  were  !'::flicicnr 
motives  for  the  executive  vi  take  nHHnires  to  prevent  its  continuance,  as  foon  as 
tl-icy  were  ar.p'.ucu  of  it.     'i  J;ry  have  been  led,  by  particular   coniicicration*,  t* 


I    79     J 


ar.f.iit  tVrcniAT:  offliefc  meafiirps.  l).l';;vii!};  they  would  l,c  fiifJi.  'ent;  h-ir  fir!t!Iii». 
;.t  tvu^th,  ti!-;y  w;rfi!nt,  f.i.  h  nthi-  .have  bjtii  lat.iy  t..l:..i,  U's  can  no  lonvjcr  liil 
u.  Aippafs  lliii  irregularity  tompl.tc'y. 

I  li.ivc  tlu.'  honor  ro  l,e,  ^:c, 

T  ii  :    J  !■    i"  I"  E  R  S  O  N. 

Nr.w-VoRK,  ^'.'/'  .t// vr/v-r, 
ad  yc-J  of  the  Trcii^h  lUj'uhlic. 

t!.{  Cil'.i/ii  Ceitel^  Ml.ilirr   PleiritKt.r.f'iary  fnm  the  R:p!:h'ie  of  Fran:-   to  tie    Uiiitei 

fituUi,  to   Air.  yrjj'iif(„t,   lii'udmy  if  Slate  (J  i!j(i  L'uil.d  Utatit, 

IIIAVR  juil  tlifcovcrctl- the  moH;  I.orrihle  confpir.icy  which  ha*, hrcn  fornri 
a,o;?.ir.1i:  t\v-  arms  m  tht^  I-'rtricii  P.<-|iii!,lic  :  I  luvc  iiill  ilif.ovcicil  the  \\\\oV  tlnr 
»ad  utl  i\\c  proofs  of  tho  infwTn:;!  j'lot,  v/h;ch  for  thc£;  twt>  nioinhs  tlctnii'fd  ti>e 
l-rcnch  IViirulron  in  ynur  f.orts,  iiiaUutc  of  jiuility; — of  that  plot  whicli  thrra- 
trnjcl,  r.otoi.ly  the  fifcty  of  ourNciTcls,  but  aU'otimt  (.f  our  co'onial  [>o;li (linns. 
'i'lii'  traitors  ( k.lliuud  p.:id  Tai.j^i.y,  and  levcral  otiicr  \illain'-.,  not  l'.iti.i|i(d  vitli 
h;  vin;j  CHiifci,  ut  Saint  Doniint^u,  tlic:  fpillinj;  of  I'.ic  blood  of  un  iucniciill.  nujiibcr 
of  proplc; — not  fatirficd  with  having  there  CiHiicd  tiio  lots  of  a  VliiUard  to  tlie  Rc- 
jxihlicj  conccrtrd  here,  ut  Uahirnon.,  and  at  Phihd(.!,>hia,  the  projcd  cf  bri:,c|;in'T 
«)i:r  fore.-'  to  concur  with  ihcni  In  the  execrable  [Jan  lUvditaud  by  thife  luai, 
tvhf>fe  crimes  have  caufal  iher.i  to  )l?e  their  country,  to  r.'turn  to  St.  Don'injnj, 
for  the  purjjoic  of  renewing  tlure  llio  liorrors  and  miofortuncs  which  tliey  have 
aheady  h.'.d  aiuiniitt^d  in  that  phirc,  I  have  liecn  inforai'^d  tiuit  tl;e  fr.e?cfo  which 
the  crlonifr-  of  tliis  place  promiCed  to  llicmflvcswas  nothing;-  Icfj  tlian  founded,  as 
was  tliat,  the  execution  of  which  has  lately  he. -n  attempted  in  the  windward  iilands, 
upon  a  piopofd  alliance  with  the  enemies,  now  at  war  witli  the  rquu-)llc, — the 
i'.nj>,1iih  and  th^  Hpaidards. 

francc,  nr,  in  fuch  circumfun.-Oj  has  required  in  Europe   of  the  nciehhourirjg 
T'ower^,  tl.dt  ;!iey  oppofc  every  preparation  v.hich  mr/ be  attcni'ted  by  the  emi- 


li'rantj  in  thi-.r  domhilon?  ayainO-  her  fai'c;  v.  Slie  cxtkc^I-:^  from  a  frifii.I!', 


dli.'vl 


'■^ovo-nnn  nt,  that  it  will  be  fuihcient  to  notify  thcn\  of  tiic  plots  i'orn'.ln:^  ri^ainft 
Jicr  in  tluir  own  territory,  in  order  to  obtain  from  t!;  :n\  uU  proper  means  to  fu]>- 
juefs  them.  I  have  clLvted  tlie  difarmin-j  of  the  v^.Tel  which  v.'e.s  in  the  mnfk 
:.!arming  llafe  of  rebellion;  but  the  inl^^ij^ators  of  it  have  fled,  and  I  learn  that 
tluy  are  fireadint;  over  the  contin.nt,  w);crcthcy  cannot  but  be  very  injurious,  as 
T'eil  to  the  tranqaiil'ty  of  this,  as  to  the  interell  of  their  own  country.  -' 

I  tiierefare  repiell:  the  federal  jri'vernmcnt  to  take  the  vrs.?:  fpetdy  and  effieaci- 
•us  meaftirci  to  have  thcin  arrdled,  and  tjiereby  prevent  theni  fioni  committing 
the  crimes  which  they  might  attempt  'I'he  j^overnor  and  inagiitracy  of  New- 
York  l;a,ve  ilTued  warrants  ap;ainll  Halhand,  'I'anjruy,  Confcicnce,  and  Bonne  ;  but 
they  have  ea.'h  efcuped  the  activity  c.i  tlie  pvrfit;^  feirt  to  r.  p;-reh.:-7:d  their..  'Die  trar^ors 
ily  tb.e  puniihnunt  refervcd  lor  their  crime.-.,  i.nd  donbtkfs  will  employ  themf;!\-e« 
on  i!.-w  means  of  exeetitinij  tiie  plcts^  they  havs  formed  aj.;ainll  France.  I  Invn 
jioiltive  infca-mat'on  tliat  tlicy  arc  Hill  v.'ithin  the  cci.fme.s  of  the  United  £tatcp, 
und,  as  the  warr.uits  of  New- York  caimot  be  fervrd  «)ut  o.^  the  bounds  of  the 
ftaie,  I  particularly  recpteit  from  the  federal  jrovernmer.t  aj'-iinfi  diefaid  Cialbaud, 
T:'n^uy,  Conftieuce  and  Bonne,  of  whom  I  fubjoin  a  defcrlption,  orders  of  arreft 
which  fhall  exten  1  tiirou2,iK)ut  the  continent  vA  the  United  otiitcrs,  I  ajfo  recueil 
that  the  moll  Uriel  and  flcidy  attciuion  may  be  had  relative  to  the  plots  i  i.ave 
jncntioncd. 

May  this  fij.nud  ace,  leavinr  no  doubt  as  to  the  Hnccrity  of  the  wifhrs  of  the 
j,ove:p.mv.nt  of  ih.e  United  .Stages,  'or  flu  i'li'-cefs  ot  ti'.  Fre!:rh  Rcp;:b!ic,  cnufc 
idl  tl»e  traitors  to  trcnddc,  whom  luye.^.ecm  lor  your  country  has  led  nie  p.rhapj 
so*  i:;u:h  to  dcl'fifc,  r.r.d  v.ho  nvail  thciiifidvcs  of  the  aced*  v,hi:li  the  kindrtfi 


[  «0  ] 


111 


»n<l  h<.r|)'i..'.ity'  (/  ymr.-  r'lion  'iiTt-r  'hrm,  to  cnrA  ':t  '.vi'^1.':i  itj  vrry  lofcni,  rivl 
in  the  firck  ot"  it»  nioft  eiovatcd  jurlbnagts,  ag.;ii:ii;  luaucc  and  the  gcucral  frc-doia 
•f  nations. 

GENE     T. 


.air-,  y.^-;.; 


'-:  Cil 


"Hm, 


T 


I"  HAVE  the  J'fnT  of  ynir  l-jttrr  of  'lie  (^tr  i/.l^ant,  en  J  cnn  aC'-irr  you  w'lh 
Vi'.l  Lnt"^!.,  ol  the  rii^-.iiii.is  rr.d  zmI  witii  wl.ich  the  executive  will  toncur,  in 
fvcveritini',  witli'n  t!ic  limits  of  tin;  I'nitL-d  iStiitf.-s,  any  prvparstion  of  hcllilitic* 
p.jyaini^  l-'rair.c  or  l;cr  colonics,  a;;  I'ur  as  tiii;  cat' be  cflcdrd  by  tliq  cxtciitlon  of  that 
^('riinii  of  i!u'  piiWir  j-or.cr,  v.  ith  wl.itli  tluy  arc  invcftcd  by  t'.ic  laws  Ycur  V.l- 
tiT  reijvcfts  the  arrcll  and  delivery  of  Tanp.iy,  ('a'baud,  Cor.fifncc  and  Bf.iioc, 
pftapcd  froi-  tlic  fliip  Jupiter,  and  from  tl.j  piiriilbniiiit  of  crimes  cor.-.niitted 
ajjai'uT:  tin-  !ij;id)lic  of  Inaiuo  ,  idul  alfo  that  ni'^iclfary  meafrrcs  be  ti.l^cn,  tn  prt- 
v-''.t  thr  tairyi:!u;  into  rxei-'.;tion,  C'.rtain  v!c;:3  fc^n.al  by  thcni  and  (.liters  rtj'i'iiift 
their  c(>i;ntry...".rh'. Cc  tv.o -.vqir.litions  I'aixl  en  diifcreiit  ground.  The  lawb  of 
this  comitry  take  no  notice  of  cr'Hics  co'.r.niiued  out  of  their  jurifdidion.  The 
mr>!t  aUrociouf,  ({Tender  cc.niir.j;-  \.ithia  t'.,ir  pale,  isrecci-.ed  by  tlicni  ;•.:;  ;:n  !ni:o- 
cent  mar,  and  they  ^lave  aulboriled  no  one  to  feie.e  or  deliver  him. 'i'he  cviJ  ofj.ro- 
tcvSHnj^  malefactors  rf  every  dye,  is  lenf;hly  felt  l:crc,  as  in  otb.er  couiitries ;  but 
until  a  rcfornuition  of  tlic  crinniml  c»d<.s  of  nioft  nations,  to  deliver  fv~itivef  from 
tliem,  \voiild  1  y  to  bccur.v:  their  ai-on^piices  :  thj  forn;er  therefore  it.  viewed  as 
the  lelier  e.-il.  jAVheii  riie  confular  eon veiition  with  France  was  undei  confideratinn, 
this  fubicet  \ws  attenilcd  to  :  but  v.c  cr.uld  r._erco  to  go  no  further  than  is  done  in 
the  IXth  article  of  thai  iia^rument,  where  we  af.ree  mutually  to  deliver  up  "  can- 
tai'ir..  oillccr.;,  mariners,  failons  anda'l  t.thcr  pjrlous  beir.cr  part  of  liie  crews  of 
vefleli."  (Tvc.  unUfs  therefore  the  pcrfor.s  before  named,  be  part  cf  the  crew  of 
fome  vellc-l  of  the  French  nation,  no  perion  in  this  coi:ni:ry  u  authorifed  to  deliver 
them  up,  but  (.11  th'.'  contrary  they  are  mit'er  the  pvotedVic'u  of  the  laws.  If  thry  a"c 
p-irtof  ;hc  crew  of  a  V'.fiel  they  arc  to  be  dellv.:'-.;d  up^,  mu  then  it  happens  that 
the  diltricl  judge  of  each  ftate,  Is  by  the  law  of  Ccngrefs,  made  the  competent 
peribn  tr,  cxec;;te  this  z...';leof  ihc  convention,  and  confequently  each  Aviihi:i  hij 
«wn  ilate,  and  no  one  over  ail  the  ftatcs.  fo  that  a;- iriminals  tiiey  cannot  be  given 
up,  and  if  they  be  of  a  crew  of  a  veffel,  the  a^ll  of  Cougrcfs  \v\f  not  jjiven  ^^tho- 
rity  to  any  one  ofiiccr  to  i'end  his  procel'3  tlu'ouj.b.  all  the  Ihites  of  tiie  Union,  The 
other  brancli  of  your  requeil;  \i  more  completely  provided  for  by  tlie  laws,  which 
authorife  coercions  as  to  expeditions  formed  in  the  territory  of  the  United  htatcs 
againll  nations  with  v.lHim  they  arc  at  peace.  If  therefore  you  will  he  plcafed  to 
give  mc  )"uch  ir.i"  )rmalirti  ar.  to  perfons  and  places  as  may  Inilieate  to  what  points  ti'.c 
%igilance  of  the  olhcirs  is  to  be  dircCled,  proper  meafurcs  v.iii  be  immediately  ta- 
ken for  preventing  every  attempt  to  make  ar.yho.'idc  expedition  from  thefe  itates 
Ho-ah-tl;  ar.y  of  the  dt  minions  of  France,  the  (ironjier  the  proofs  you  can  produce 
■iid  the  more  pointed  aa  to  perfons,  the  flronj^er  will  be  the  means  of  eotrcio« 
whieh  the  laws  will  alhnv  to  be  ui'ed. 

I  have  not  yet  liid  ihhs  matter  before  tlic  Prefident,  who  is  abfent  from  the  feat 
f)f  guvevnment,  bwt  to  lave  dehiy  which  might  hi'  injurious,  I  have  taken  the  li- 
berty as  the  cafe  i;  plain,  to  give  you  tliis  JioviJ'ny  aiifwer  :  I  ihall  immediately 
connnunieatc  it  to  tlu.  Prelident,  and  if  he  Ihall  direcl;  any  thin;;-  in  addition,  of 
alteration,  it  11  alloc  ilie  fubjecil  of  another  iette-.  Fn  the  mean  time  I  may  vcii- 
•uic  to  let  this  be  conlidcrcu  ksu  ground  for  yoiu-  proixeditig. 

I  have  the  honor  to  be,  ice. 

Tu  :    J  t  r  F  E  R  S  O  N. 


I 


i 


4 


;!ly  ta- 


PijiLAnELPHiA,  a^fiewhir  T2,  T ;>>.;. 
Mr.  ^^JfirfaHf  Hnretjry  tf  S.'jL;  to  Mr.  Hamilton,  Hc^rrturyo/tle  Tre.iJ'iny. 

y  1  R,  *-" 

I  HAVE  the  honor  to  cnclof;!  you  a  pap-r  dcltYercJ  me  hy  Mr.  Boitrnonvillc,  on 
th'."  part  of  tlie  Minifter  of  France,  reclaimirpj  a;:jainft  tho  demand  of  toiiiuij^con 
the  voiTels  which  came  Iiither  IVoni  tiie  WVfl-lndies,  in  their  Lite  calamity — It  is 
Urged,  that  they  were  driven  cut  of  their  harhotirs  l>y  iiijierior  force,  and  ol)lI;ie(.l 
to  put  to  (ca  without  water  or  Itorcs,  and  thtreforj,  to  make  the  fii'flpcirss  win  sc 
thi-y  could  he  rehVvrd;  wliich  conftitute,  in  tlieir  opinion,  thul'e  circunilh;nri  s  of 
dilh-efs  and  neceility,  which  exempt  vtflels  from  the  payment  of  tonn:>n;e.  ^  'i'lii* 
cafe  l)e!~jnj(ii  to  ynurdepartnunt.  1  uike the  liherty,  in  theaI)l'enccof  the  Preriu'.r.t, 
aud  to  favc  time,  to  tranlinit  it  to  you  dlreOLly,  f(jr  your  oiiiideration. 

1  have  tlic  honor  to  he,  &.c. 

•Iw,  JEl' FERSO>r. 

■  nil"  'I     — ■    I  ' 

Ni'.w-YoRK,   24  S.pl,-rr,'rrr,    1 79.1. 
id  year  of  tlie  Repuhlic  (tf  Eranes 
Citizen  Genrt,    lyliiiljlcr    P!etiipo',i:i;iiar\   nf  /.'.•   }i:pi:biic  nf  Fruncc,  to   Air.  'j'J>f''Ht 
Si.\ri:iii!y  of'  SIMj  of  '.he  Uniic'J  State's. 
S  I   R, 

I  AM  char5;ed  to  communicate  to  you  the  decree  rendered  hy  the  National  Con- 
vention, on  the  I»th  of  April  laft,  hy  wliieh  tliey  declare,  " 'i'hat  the  trench 
Jieople  fhall  not  intermeddle,  in  any  manner,  with  the  <Tove'-nment  of  other  powers, 
hut  that  they  will  not  fetFer  any  power  to  intermeddle  with  the  interior  adminiiha- 
tiun  of  the  Repulilic,  ana  proi;o\ineing  the  penally  of  death  on  whoever  Ihal!  prupofc 
f'vf  n<<!^ociate  or  treat  witli  enemy  powers,  who  Ihall  not  have  lolunmly  aekr.ow- 
Icd^ed  the  independence  and  Ibvereignty  of  tlie  l-muh  Repuhlic."  , 

Wlien  the  I'rench  citizens,  hy  the  example  of  ihofe  of  America,  have  thouji'it 
^r(^per  to  eftahlifli  a  government  founded  on  the  rights  of  man,  it  was  to  he  expect-* 
ed,  that  they  would  find  enemies  in  all  thole,  amhltious  and  eager  for  authority — 
in  all  the  cahinets  in  wjiieh  Ma^/j/.i-vc/ifwi-  is  honored  ;  and  v/lien  the  Freneii  people, 
fi>iired,  fatigued  with  the  dark  machinations  of  their  enemies,  their  pid)lle  attacks — 
tlie  infults  contained  in  the  aCh.  of  the  defpotic  courts — of  iruvernnunts  teiullnjj^  to 
numarchy,  have  thought  proper  to  repel  thel'c  pt  rlidies,  by  aCts  marked  with  the 
llamp  of  loyalty,  gnatnefs,  philolophy,  even  at  the  iullant  their  vHc  enemies  re- 
ported that  they  wilhcd  to  annihilate  all  the  governments — to  deftrcy  all  authority 
— to  fpread  trouble  ami  confulion  throughout — as  if  to  oppofe  a  provocation,  was 
not  a  natural  right ;  as  if  a  great  people,  victim  of  the  particular  hatred  of  the  go- 
vernment of  another  }'eople,  had  not  the  right  to  retaliate  their  fears,  to  enliglirtu 
them  as  to  their  errors,  and  to  endeavor,  hy  thefe  pleafant  and  juil  meu'is,  to  ward 
offgreat  misfortune*,  even  to  prevent  war.  fbc  this  as  it  may,  the  National  Con- 
vention has  tlvnight  it  a  duty  t  j  aiTure  tfte  friends  of  humanity,  and  to  Ihut  the 
nu)uths  of  their  enemies,  to  proclaim  the  intentions  of  the  Ereiich  people,  wholo 
agents  will  Hiew,  in  every  eircumitance,  that  they  know  a.- well  how  to  refpeA 
the  law'i  of  other  people,  a*  t:o  defend  thofe  of  the  French  nation,  and  to  maintain 
their  rightB. 

Accept  my  rcfped, 

'         C     E    N    r.    T. 


M().\  riei. i.i  o,  IN'   VianiN'i.^,  0(7.2,  IT9.'« 
Mr.  Jeffirjin  S.tre!,uy  ff  jlalt,  to  Air.  C.,..l,  Aluiijlcr  (<UnilJu:.::.l:,:ry  «f  Fi.tiuu 
Sir, 

I  WAS  honored,  yt'flcrday,  with  your  htter  of  the  T4th  of  .September,  r(>vcrin;; 
thecomniitTion  (>f  rhe  Citizen  Damu'ry,  to  be  Conl'vd  of  the  Repuhlic  o!  IVanLe, 
at  Bolton.  I  nokv  lay  \\\>'  fame,  hy  letter,  before:  the  Prclident,  to  obtain  hi» 
l»x«quatur,  which  wili  be  forwarded  to  you  with  the  «on»iniirioji.     'I'hc  Ckcijtutuv 


^1 


I. 


r 

is  made  «;.*.!}•  commcnfuritc  with  the  commillion  ;  tiul  I  pp  prcf.erid,  thai  iic^rhfT 
ib  I'o  with  the  iritiiitions  oi  the  Executive  Council,  wlio  p:oi>ably  did  not  mean  I'l 
confine  the  fundions  of  Mr.  Daniicry  to  tlie  townfliip  of  Boffon.  ShouUl  this  be 
the  cafe,  you  will  he  fcnfible  of  the  expediency  cf  obtaining  for  him,  as  early  a» 
polUhle,  ;.  new  comminion,  defining  the  limits  of  his  ofiicc,  as  extcnfisxly  ns  tliey 
jiicpnhc  Ihall  cxcrcife  them,  to  which  a  new  cxcqu;;tur  being  adapted,  their  inten- 
tions will  be  fulfilled. 

Satisfied  that  crroBsin  theaddrcfs  of  their  commifiions,  proceed  ficm  a  v.ant  <..£ 
intimacy  with  our  coiTllitution ;  no  diflicu'ty  ha*  been  made,  en  thut  ;  ccount,  in 
the  cafe  of  the  prefcnt  conimiflion.  But  it  is  my  duty  to  remark  to  you,  that,  hf 
rur  conflitutlon,  all  foreign  agents  arc  to  be  addrefled  to  the  PreHdent  of  tlift 
United  Slates,  no  other  branch  of  the  government  being  charged  with  the  foreign 
rommunicatlons.  I  have  no  doubt  you  will  draw  the  attention  of  your  government 
to  iliiscircumflance  of  form  in  future  commilFions. 

I  have  the  honor  to  be,  &c. 

lu :  J  E  F  r  E  R  S  O  N. 

GEORGE  WASHINGTON,  president  of  tue  united  states  of  America, 

TO   ALL  WHOM  IT   MAY   CONCEllN  I 

THE  Citizen  Dannery,  having  produced  to  me  his  commifllon,  as  Conful  for 
the  Republic  of  France,  at  Boflon,  I  do  hereby  recognize  him  as  uich,  and 
<1o  declare  him  free  to  exercife  and  enjoy  fuch  funcSlions,  powers  and  privileges,  at 
urc  allowed  to  Confulsof  the  French  Republic  by  the  laws,  treaties  and  conventions, 
in  tliat  cafe  made  and  provided. 

In  Teftimony  whereof,  I  have  caufed  thefe  letters  to  he  made  patent,  and 
the  feal  of  the  United  States  to  be  hereunto  afr.xcd. 

Given  under  my  hand,  the day  wf ,  in  the 

year  of  our  Lord  one  thoufand  feven  hi;n  red  and  ninety- 
three,  und  the  Independence  of  the  United  States  of  -Vmeric* 
-:'  the  eighteenth. 

By  the  Prefident, 

T  u  :    JEFFERSON. 

October  3d,  1793. 
Mr,  yrffffun,  Secretary  cf  State,  to  Mr.  Duplainc,  Fice  CoitJJ  tf  Franc:,  at  Bvjlcn, 
Sir, 

AUTHENTIC  information  being  received,  that,  under  colour  of  year  office, 
as  vice  conful  of  the  Republic  of  France,  you  have,  \\  itii  an  armed  force^ 
rppoft'd  the  courfe  of  the  laws  of  the  land,  anu  relcued  out  of  the  hands  of  an  offi- 
cer of  indict,  aveCfel  which  he  had  arrelled  by  autlxority  of  a  precept  from  his 
court.  .Ihe  Prefident  of  the  United  States  has conCdered it  as  inconfiflent  with  the 
iiuthaj'ity  of  the  laws,  and  the  refpedl  wliich  it  is  his  office  to  enforce,  to  theiix 
that  you  fliould  any  longer  be  permitted  to  cxcrcife  the  fundlions,  or  enjoy  the 
privileges,  of  vice   conful  in  t'lefe  United  States ;  and  has  therefore  thought  pro- 

{>er,  by  the  letters  patent,  of  which  I  tnclofe  you   a  copy,  to  irvohe  the  exer,uatiM 
leretofore  granfxl  you,  and  to  make  the  lame  public.     !  have  the  honor  alfo,   t* 
•Bclofe  copiea  ct  thi;  evidence  whereon  this  nuufure  isfcundcd. 

Aiid  to  be,  ^c. 

An;    J  fi  F  F  E  R  f  O  N. 


'.ii., 

fo 

r,:i 

vvi 

ai't 

l\i 

bf< 


V" 
i!, 


I    «3    ! 

i 

U  Xir  E  D     STATES     OF    AMERICA. 
f>i/lr!SI  of  ■>  , 

MaijuihufM:.  3 

■j-Hi:  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA,  Tn. 
To  THE  Marshal   of  our  District  or  lyiAssAcausEVTs,  or  uis  DrruxY, 
Cr  REETING: 

WE  commanil  you,  that  you  replevy  the  goods  and  chattels  followlno;,  vi?;. 
A  ccrraln  khcoucr  called  the  Greyhound,  of  the  burthen  of  forty  tons,  or 
tlicrcaboutr,  whereof  John  Henry  Hill  was  late  maftcr,  togetker  with  l-cr  boat, 
rigjj'inr,  tackle,  apparel,  and  f'jrniture  whatfoever,  alfo  tlic  cargo  of  faid  I'chooner, 
now  en  board  the  fame,  confining  of  ninety-five  thoufand  mackarcl,  in  br.lk.cqual 
to  four  hundred  barrels — ThcAime  goods  and  chattels  bidonging  to  Alexander  Bry- 
miT  and  Andrev/  Belcher,  of  Halifax,  in  the  province  of  Nova-Scot'u,  merchant?, 
now  taken  and  detained  by  I-ewis  fJuillianme  Felix  Laumofne,  of  Eolton,  in  faij 
di.lriifl,  at  Bofton  harbour,  fo  cal'cd  in  Eofton  af<!rcfaid ;  and  them  deliver  unto 
the  fdid  Brymer  and  Bclchfr  ;  provided  the  fame  are  not  tid«en  and  defined  upo.i 
m.an  proccf^,  waiT.Uit  (<f  dillrtfs  or  upon  execution,  as  the  proptriy  of  the  fald 
Lrymer  and  B'dchcr;  and  fummon  the  faid  I-ewis,  thui:  l>e  aj-pear  before  our 
ji:!lices  of  our  cirtuit  coiirr,  nevt  to  he  liolden  at  Bot^on,  within  and  tor  nur  di:!lridi 
cf  MalTa'^hufcttP,  en  thj  twelfth  day  of  OOlober  next,  to  anfv.er  uv.to  the  faid  Bry- 
m.r  and  Belcher,  in  a  plea  of  replevin,  for  tluit  tke  faid  Lewis,  on  the  twenty-iiril 
diiy  of  i^i'j^MU  iullant,  ut  fiid  Toilon,  unlawfully,  and  without  any  juftifiablecaure, 
took  th_'  goods  and  chattel  i  of  the  faid  Brymer  and  Belcher  as  aforcfaid,  and  thetn 
vmlawfull/  detained  to  tliis  day,  to  t'lc  dama|;e  of  the  faid  Erymerand  BeLiicr,  as 
th.-y  fay,  the  fum  of  two  thouOm'l  dollars:  Provided,  they  tiie  faid  Bryniei  and 
Belchi  p  flial!  give  bond  to  the  laid  Lewis,  with  lutVicient  lurety  or  furetics,  in  th« 
fiuu  of  four  tlioufmd  dollarf ,  being  twice  the  value  of  the  faid  goods  and  chattels, 
toprofecute  the  faid  replevin  to  final  judgment,  and  to  pay  f;/ch  damages  and  codi 
ts  the  faid  Lewis  ihall  recover  againll  him;  and  alio  to  return  and  reftore  the  fame 
goods  and  chattels,  in  like  good  order  and  condition  as  when  taken,  in  cafe  fucli 
lliall  be  the  final  judgment.  And  have  you  there  thi.i  writ,  with  youi  doings 
he-ein,  together  v^'itli  the  bond  you  Ib.all  talic.  W'itnefs  John  Jay,  Ffquiiv,  at 
Boilon,  this  tsvt  nty-firrt  day  of  Ai'guft,  in  the  year  of  our  Lord  cue  thoufand  ii- 
▼ca  hundred  and  ninety-three. 

N.     G  O  O  D  A  L,     Clerk. 
A  true  copy, 

Attcft,  Saml.  Bradford,  Dy.  Man!. 


'  I  TnoM.'  3  Amory,  jun.  depofe  : 

7 "'HAT  on  the  aid  day  of  Auguft,  at  the  rcqueft  of  C.  Gore,  Efip  and  Gen. 
Brooks,  I  went  with  the  latter  on  board  the  frigate  La  Concorde,  introdu.:- 
•d  him  to  the»Capt.  and  inform' <l  Capt.  Van  Uogen,  that  Clen.  Brooks  was  mai- 
llud  of  this  diflrid,  and  waited  on  hii.i  relative  t<>the  fchooner  which  Col.  Brad- 
fi>rd  i  ad  attempted  to  njdevin,  but  interrupted  in  the  firvice  of  his  precept  by 
an  ?.*vneji  force,  lent  by  hisord.T  from  on  board  the  frigate,  that  Gen.  Brooks 
wilhed  to  converic  Vi  ith  him,  and  the  conful  on  the  fuhjcel  when  cc;i%'enient— fooik 
aiur  the  company  withdrew,  when  t;eii.  Brooks  in  prefence  of  t!ie  captain,  con> 
ful,  juftice  Coop.-r  and  myfelf,  told  the  captain  t'lut  Col.  Bradford  hisdVputy,  liad 
bren  inter' u;  ted  ;:i  fei-ving  a  pre'jcpt  on  i''^"  fe!;ooncr  Circyh'innd,  taken  by  the 
pri.'aicer,  polnliiig  to  tlie  vfiTel  iiU'ler  tliJ  fri;j;ate's  iKrn,  by  in  ;umed  foice  uiuk-»- 
iiis  orders,  and  th.it  he  h'a.l  waited  on  hi:n  to  dem.md  a  furr-uder  of  the  vef  <  to 
(^d.  Bradford  Ills  dci-uty  marnicil  :  when  the  ca/.ra'n  txprL.T  d  hii  diilike  ti<  the 
ta's  ii.g  l!\c  .Vmericans  cut  of  tlu  iirivaticr  and  piizes  tlu;  day  liefore,  to  ("oJ.  Brad- 
fold;  ferving  di'-  precept — that  he  received  orders  from  t!ie  confnl  lo  wiihlioM  auii 
]u-otecl,  that  it  was  V■^  duty  and  he  certainly  Ihould  prc.tecl:  her — the  eonfid  faid 
that  any  \-<:'XA  weaiii";  (he  jn'tlonil  fi.ig  «.?  tlie  i^epuliiic  of  Franc,  of  courf« 
•\vu»  ciititkvi  to  his  prf;ceclioi;i  wVe  i  G-'ii.  Eroti'.s  put  thin  eidl;  Uiwid^i  4  Frcn«k 


[     ^4     J 


}l 


i\ 


mfrchnnt-rr.an  br  attached  inthi^  jiort  by  a  cii!zfn  of  the  United  States,  waiild 
you  coni'klcr  it  your  duty  to  take  that  veJlcl  under  your  protedlioii  ajf.iiiill  tlie 
jToccfs  i*  The  cajiiaiii  aiir\\\.'rod  in  the ailirmativc — the  captain  afterward,  told  mc 
tluit  he  liad  written  to  tlie  ('ovtrnor,  and  that  il  '  "  dcir.nded  thj  priv.e,  he  muil 
•  •f  courfe  r.  lin<\uii'h  her,  furwardin;;;  tliv  Governor's  r. [dy  With  copy  of  his  Kttcr 
to  the  niiniftfr  oi  France.  The  coidul  thei:  appoinud  to  meet  at  his  iodj^iugs  in 
the  evening,  where  I  accompanied  Gen.  lirookj,  and  after  much  converfation,  t!ic 
conl'ul  fjid,  he  did  not  wiih  to  oppofe  force  to  the  execution  (jf  our  hiws,  that  lie 
left  the  frij^ate  in  a  gieut  hurry,  or  lie  fhoukl  then  have  given  order.^  to  Capt.  Van 
Dogen  to  withdraw  Ids  men  out  of  the  prize,  and  leave  her  to  the  controul  of  Col. 
Bradford,  and  that  he  would  tl'cn  doit,  but  fliould  at  the  fame  time  protell  againlt 
tile  hufmefs.  At  that  moment  Mr.  Jutau  i:.nne  into  the  room, and  faid  a  few  words  to 
the  coni'ul  in  French,  the  conful  turned  about  and  faid  j-.e  fliould  not  relincjuifli  the 
velTtd,  wlitu  I  rcnundcd  him  of  wliat  he  had  juft  befoie  promiild — he  faid  agaiii, 
he  was  Ibrr)-  for  tlic  difTiculty  'J'lie  marHud  then  laid,  that  a  great  deal  had  paf- 
fed  on  the  I'uhjcifl,  and  he  now  wiflied  a  categorical  anfwer  to  his  demand — the 
general  wiHud  to  know  if  he  was  to  underlland,  that  he,  the  conful,  refuted  to 
allow  Col.  Bradford  to  take  charge  of  the  vefTcl,  the  Conful  faid  he  did  not,  cer- 
tainly did  not,  wiih  to  <ippofe  force  to  the  oihcers  of  law  in  this  country.  Said 
lie  wiCicd  then  to  write,  and  promifed  to  anfwer,  conclufively,  in  the  morning. 
Friday  morning,  Augnfl  24,  8  o'clock.  'I'his  morning  Gen.  Brooks  and  myfclf 
■waited  en  the  conful,  wben  infonned  us,  he  hud  concluded  to  keeji  poficflion  of 
the  vend,  and  Gen.  Brooks  informed  him  he  fliould  make  a  reprcfentatii.n  of  tho 
bullnefs  to  the  government.  1  tlien  handed  the  conful  an  open  letter  from  C.  (Jore, 
i'lq.  ;\nd  took  leave  with  Gen.  Brooks — u  copy  of  wliich   lotter  is  hereunto  aii- 

^ICAcd. 

T  II  U  M  A  S    AMOR  Y,    jun. 
Eo:;ton   S:-^':tembti-  loth,  1 793. 

M  ho  conful  did,  in  my  prefencc,  reud  part,  or  the  v  hole,  of  tlie  letter  referred 
to,  and  made  no  r>;plv. 

T  H  0  M  A  S    A  M  O  R  Y,    jun. 

Sworn  to,  Stptcmb'.r  lath,  179.^  • 

Before  J.  I.owi- 1 1.,  J.-ly  of  iht  Dijhitl  Coiirf 

if  AL,(j:uii,/ii;s  nip; J. 

Bo.^roN,  %td  Ati^if,  1793. 


^IR, 


In  Wl".  bc:n  Informed  tliat  the  marfiial  of  thediAricl  of  Mairachufetfs,  yeficr- 
day,  in  obediinte  to  a  precept  from  the  Circuit  Court  of  the  Ur.'tod  StJtes,  re- 
plevied a  velVil  in  this  harbour;  that  after  l.e  had  fo  replevied  the  velfel,  a 
nundict  rjf  i.rnicd  men,  Ui-'li.ig  hy  your  order,  and  under  your  autlioiity, 
foreil'iy  took  fioni  him  ti'c  vcil'el,  and  now  relllts  the  evecntion  of  lii-i  precvpt, 
in  Attorney  fui  the  Ignited  States  witiiin  the  diiiri  -l  of  Mafhu-liufetts.  I  do 
demand  of  you  liiat  you  remove  the  i'urcc  and  ohilrudion  v.hieli  jou  oppofe 
to  the  laws  of  the  United  ."states. 

1  am,  Sir, 

your  obcdlcni  fervant. 
Mr.  D'TTAiN'Tr,   f'lcc-Couf.i!. 


I  Hufis  Cicciie  Amory,  nf  B'jliin,   ■.'!  Ai.ijjuuhiif-ils  Djhiii,  nf  lityvful  nj^(,  tijiify 

a;i,l  fi\,, 
'^'^HA'J"  ru  the  twcnty-fecond  day  of  .Augufl  1  .[1,  being  informed  ihat  tlic 
A  fihiiontr  (Jreyhourd,  againfl  whiih  I  had  hi'ued  a  writ  of  iipleviii,  in  favor 
cf  ?»i«ilVs.  Brymtr  and  Btiehir,  n  tunr.dde  to  the  next  circuit  ;  ;,■  ,  j" 'i  faid  tli* 
fbicT,  ^^as  talun  from  Col.  Jiradforr,  the  deputy  iv.urfiial,  ')>  f'^'r.v  lrev;';li  people, 
I  v.-cnt  on  hoar.l  the  Ihip  (.f  war  called  the  Concord,  coiun.ar.  '.d  by  I'lij't,  .' iW 
Doj.'cn,  tr)  (.ntjiiireif  the  faid  feh-  "ii-.r  wan  viidcr  hi'-  :i'.ltc',!y — tl'.v  '..id  r  ;'.;..u  i;  - 


formed  m;  that  ftie  was  nnfl-.T  h's  profcdion.  I  told  lilm  ^hst  the  civil  ofTi  rr, 
Col.  Bradford,  as  marlhal  ol'  the  diltrid,  hi-d  gone  on  boaid  ilic  fiid  Ichnnncr  to 
replevy  her  under  {iruccl'i  of  law.  'l"h:;t  on  the  evening  Infc. rc,  while  tiie  laid 
marlhal  was  onboard  laid  i\;h"oner,  by  viriue  of  his  prccrpt,  Ihmc  i-rmed  I'Cople 
went  on  board,  aiui  ri.guiiifl  the  will  of  laid  niarfhal,  h  id  broir^ht  fr.id  il-hiuir.jr 
near  hie  ibip,  and  I  uli:cd  i;im,  if  rhe  IVane  wa;  done  by  his  authority— the  laid 
Capt.  Van  Doj-^^'ntold  me,  that  fomc  ptrlcn  had  coninl-'ined  to  him  of  an  attempt 
to  carry  the  i'aid  fchooner  :iway  from  her  anchorage  in  the  ni>^;ht  tiino,  and  tiiattn 
prevent  ithe  fame,  he  had  ordcreii  fome  of  his  people  oii  board  her,  ai:J  had  di- 
rcAed  her  to  be  brought  nearer  to  his  Ihip — where  fl^e  then  was — I  aikcd  him  if 
kc  v.'ould  deliver  tlse  rchoc:i!.r  to  the  marflial,  and  he  faid  that  he  fiio.ild  not  v/ithout 
orders  from  the  conful  of  I'rance.  I  alked  him  if  the  faid  felx  oner  vv-as  in  hit 
cuftody  before  the  mai'lhal  liad  entered  on  board  her — he  laid  that  he  had  none  of 
his  pcopk  on  board — but  Hie  came  into  harbour  under  French  colours  as  a  prize, 
and  ibat  t]:e  captain  of  her  had  ailced  his  leave  for  aiielicra'^e  where  had  come  too, 
and,  as  being  under  a  I'reneh  eommillion  iu  public  fsrvijc,  he  had  confldered  thi 
laid  veflei  under  his  protection. 

RUFUS  G.  AMORY. 
Sept  a.'!  in-  Icth,  Sworn  to,  before 

J.     LOWE  L-  L,  J:.:Ij,  of  ilr 

I  the  fald  Rufus  Cr'-Mie  .-Xmory,  furth.r  ttftify,  tliat  faiJ  Capt.  Van  Do,c^en  told 
le,  ibat  he  hail  complained  to  tiie  licvernor  concerr.iiig- the  utteinvt  t.)  carry  av.uy 
le  fald  fchooner  in  the  ni^ht  tine,  Vvithout  hiika\c. 


m 
#1 


RUFXJS  0.  a:.!ory. 


THAT  r.n  the  twenty-lecond  day  of  A';;:iufl;  laft,  bein;.;  in  Bolb'n,  and  I'lidirjj. 
fhir  Col.  Samuel  Bradford,  d:puty  r.iarlhal  for  faid  diitrieV,  i.'i  ferviny  a  v.i.t 
•f  repiev'la  upon  the  fchooner  (ireyhound,  had  been  oppofcd  by  an  ariji-.d  f-jfe, 
fiAing  under  the  orders  of  Capt.  Van  Doj^:'n,  coir 'r.and'.r  of  th;  I;cnrh  fri- 
gate "  I. a  Concord,"  I  went  on  board  faid  frig-.r.,  to  demand  cf  ih-  riptain  tKc 
re'doration  of  tbe  fa.iil  fclioou'r.  Upon  my  opi-jilii;/  to  Ca;"'-!  Van  Do.  ..n  the  'it' 
jeA  of  my  vifu.  (wliich  was  done  in  the  prefeiiec  of  Mr  Dupiaiiie,  ;he  French 
coalul,  Mr.  JuiHce  Cooper  and  Air. 'Fhomus  Amory '  he  diicovcred  c  nfid- Jai)!e 
warmili  and  Uifpleaftirc  at  fome  Americans  liavin^  b.cn  taken  from  on  b'-.;;r'l  a 
French  velTel,  a,,  well  as  at  the  attempt  of  Col.  Bradford  lo  poff'ifs  hi,iil(.  f  cf  a 
velTel  bearing  tli:  colours  of  l-rance,  wliiie  under  the  protection  of  a  fh'p  of  f.,r.'e 
belonging  to  tlio  !"re)Kh  Republic.  As  my  objecl  was  to  ilemand  of  LVipt.  Van 
Doo^en,  relloration  of  the  fchooner  afucefaid,  and  to  obtain  from  him  a  ratt/orical 
anfwer,  1  avoided  ;'.s  niuch  a«poiiibIe  tlie  difcuHion  iif  an/  lubicrt  irrelative  ti.cr'' 
to;  and  at  length  obtained  frc>m  hitn  a  declaration,  that  ar,  )i<  hid  rc'teivcd  hi« 
crders  from  the  French  conful,  for  doinj:;;  what  he  had  done,  and  as  it  wc*  his  duty 
to  obey  the  conful,  he  could  not  furrtnder  the  fchnoni-r.  'l"hat  he  was  ,.n  cl.'irc!" 
»nd  n-.u(l  obey  his  orders.  Inmiediatcly  upi  n  C!api.  Van  Uoo.mi  having;  made  th>» 
above  mentioned  declaration,  which  was  done  in  prefence  of  the  lief:ch  cot^Jul, 
the  lattec  (^bferved  tome,  that  he  thought  it  a  pity  that  any  dlHiculty  iliould  arif« 
about  tne  ichooncr — tlia.t  he  believed,  if  he  and  mylclf  were  to  tal-.r  our  pap-'j^ 
we  could  fettle  the  whole  alfair  in  a  few  minute.^,  and  propofed  th.'.t  I  (liould  'rect 
Jiim  on  fhort-  in  one  hour.  To  this  1  agreed,  and  wc  met  accord injjly.  'I'hc.  Jtfult 
•fier  nnu-e  thai;  an  hour's  converfarion  at  this  interview,  wasa])ropor;tion  iVv  ano- 
ther the  next  nioriiing  at  8  o'idock.  At  tlie  tine  aihgr.ed  1  a;.'v,in  waited  on  iljc 
co.iful  at  his  lof^o^in-;,!.  Upon  my  entering  the  houfe,  he  informed  me,  tin:  hr 
liad  come  to  a  determination  about  the  fchooner— that  things  Ihould  remain  as  they 
then  were— tl-.at  he  fliould  ket.p  poff. flion  (  I'thcfchooner—that  I  nnifi  ap]>ly  to  ti'e  ;;o- 
vcrnor,  und  tluu  ;f  the  tJoyerncr  did  imr  do  Gmiethin^r  about  it,  lie  lht;'dd  adver- 
lifc  the  fchc^ncr  in  the  newipaprrr.,  and  if  in  fix  days  no  body  proved  a  claim  to  her, 
he  lh!.;ild  -  u;;dknui  }ur  i.othe  capi()ri,  or  words  to  that  sffctil. 


{    86    3 

T  further  tef.ify,  Thar,  in  tlie  convcrfation  with  C?.pt.  Van  Oe^^n,  he  infcrmei 
B.j,  tlihC  by  the  !;uvs  I'f  th-  Tn-nch  Repul.'lic,  it  \vu,3  tho  dutj  of  commandert 
of  tl".^  ihipsof  thf  Uki  Republic,  when  *n  foreign  ports  ^vlicre  there  were  I'rcnc'i 
crir.'uls,  to  obey  the  oiiLrsof  fiuli  coihmIs — that  the  confuls  we-  idmirals,  or  hid 
the  f'owcr  of  admirals,  cv  wor.Ii  to  that  efieiS.  Capt.  Van  1)  en  faiii  this  in 
the  prcl'cnce  of  the  Frciicli  conrul. 

I  further  tiftify, 'I  hat  Mr.  Duplaine  the  Freni-h  Cnnftil  toIJ  mc,  it  had  becnhi* 
•Icfign  to  withdraw  the  armed  force  from  the  fehonncr  Greyhound,  and  intimated 
to  me  that  he  wovi'd  ;jivc  an  ortlcr  to  have  f.iid  force  witlidrawa — in  which  cafe, 
h"  faid,  he  (houid  protelt  r.~airll  tliC  meafurci  then  purfuing  by  the  government, 
meaning  ih J  ;;<)%:. unntiit  of  tiie  United  States,  but  that  he,  the  faid  coiiful,  after- 
wards refiiud  to  withdraw  faid  forte  as  above  laid. 

J.     BROOKS. 
S.voin  to,  S.jUmbir  icth,  17^3,  before 

J  O  l-I  N     I.  O  W  E  1. 1.,  Judg!  of  the 
JjjlriJi  Court  of  MciJ}'uchi>jMs  DifriSf. 

United  brAiES  District  of  Massachusetts, 

Sf/'K!':!u-r  IC'/',  1 793. 
TUF.N  'H  honas  Amiry,  j«n.  Rufuj  Greene  An;o.y,  Nathaniel  Uyf.cld  I. yd-; 
and  John  iirooks,  EfrjUue,  made  oath  to  tlie  truth  of  the  annexed  d*  pofition-;,  li* 
them  rcfpeelivv'iy  fubicrihed,  in  the  pn. fence  of  Antoinc  Charbonnet  Duplaine,  and 
»'i.clai*ed,  thi.t  thoy  did  not  recoUeifl  any  other  material  cirtumOanee  rcLitive  to  thr: 
matter  in  enquiry;  and  thei'nnexeddepofition  of  Samuel  Bradford  ii  ti.uulript  of 
fcis  dcpofitioa  tak^u  under  like  circiimihu;i:e«.     Before 

J  O  I!  N    L  O  \V  F.  I,  L,  Jr.ry  of  ihe 
iyfirltl  Court  of  jMjJJliJn-ftis  Dfrici. 

I  ^uthl,  Byf.il  Lyde,  of  Li-u>f,i  ~i";e,  ^'/''/y  ""'^f'yt 
'"I ''T I  AT  on  the  eveninj^of  the  iwenty-firll  of  Au;.i;uil:  mfhuit,  at  the  rcqucfl:  of 
X  Samuel  Bradiord,  h.ic[.  niarlhall  of  MaflachufLtts  dilh'idl,  I  v.-tnt  wit]i  Iiini 
rn  board  th."  fchooner  Greyhound,  layir.rj  ofT  tlie  end  of  Loiij^-wharf  in  tlie  harbor 
•  f'  Ijortcn.  Thii  faid  Jlradfcrd  went  on  hoard  li  faid  fcli.r':T'T, «-,  i  undcrftood  to  f  rve 
ft  \\:Tt  of  re;li:vin  again  ll  the  iV.id  f^l;ooner,  which  iilucd  .'Voi.i  a  circuit  court  of 
faid  iiitlrlii^,  in  behalf  of  Mcffrs.  Brimmer  and  Bekiier  of  Halifax,  Nova-Scotia, 
r.icrchants ;  faid  Bradford  wanted  my  afiiflarce  in  the  f.rviccof  faid  writ — we  got 
rii  beard  ju'.lii/ter  nine  o'clock,  and  i..'.v  one  pciicn'  on  board,  wlio  appeared  to  be 
a  Frcnchir.an — Col.  Biadfonl  macxkni.v>n  to  him,  he  had  a  proecfs  a-^ainft  the  faid 
vcfl'cl  and  enquired  for  the  mailer — The  fi.id  Frenchman  hailed  a  vclfel  which  ap  • 
pcarcvl  to  be  a  privateer,  and  a  pcrfon  came  on  board,  \s  ho  faid,  that  he  wa?  pri/e- 
matter  of  f.iid  rchocner — Mr.  Bradford  then  made  kri?wn  to  him  that  he  l.ad  a 
precept  <•'-•  v  rit  of  r'-'plevin,  a;i.i  by  viilue  cf  that  he  had  t;il;c:i  pollcllion  of  thfl 
thoor.ei- — The  prioC  mailer  ilitu  reuuciced  that  lie  might  call  fir  Mr,  Jutau,  who 
l^asf.ll(I  to  be  on  bo;\rd  the  fri-rntc  Concorde,  focn  aftt  r  vMc'i  Air.  jutau  ome 
en  board  wJtii  fonie  other  per.''ons,  the  f.Jd  ma;,"ial  then  mat'e  known  to  Mr. 
Juiciu  Hie  purpefe  and  auLhority  by  which  he  had  conic  on  board,  faid  Jutau  cx- 
plaai'  d  the  fanic  to  th(ife  pcrfois  on  board  faid  fchooner — Mr.  Jiit;'u  foon  after 
>Kcnt  onboard  the  iVipiuc;  an  oirtccr  aiid  about  t\v.  We  men  can.e  on  board  t!ic 
fchooner,  from  the  fritiate,  nil  armed — 'l'l;e  faid  olHccr  fo(.n  after,  ordered  lbs 
fchooner  to  be  "emovia  iirar  to  the  fi  loato — The  marilr.d  told  faid  oihcrr  h'.s  ;v,irho- 
rityby  wliich  l.e  had  uikcn  poJLfl'.on,  ;»;:.'  iMl/id  liini  to  inovo  tlie  hud  fchooner, 
this  removal  w.i^  bctv.'een  ten  and  eleven  o'clock  the  hime  evenin;^,  fiiortly  aft',  r- 
vr.rds  li.e  Frc  r. .Ii  e»)nri^»\vith  Mr.  Jutau  cam:  on  board—  M'he  uv.frlli.d  then  inform- 
t  \  them  by  wl;at  tuilhority  he  came  en  board,  and  had  taken  policllioii  of  tlie 
f-hroner — 'i'ht  tonful  then  intormed  the  nvirihal,  tir.it  he  iliould  keep  polVellion  nf 
the  fchoomr — tiie  maril'al  tiien  tohl  tiic  laid  cotiful,  he  would  not  qtlc  the  fchoonci' 
— the  fuid  fcho'iner  for  ore  ortvoday.?  remained  in  pefr^iTion  of  the  ofSccr  and 
ir-rr.c.'l  .'.ncr.,  ccr.trary  to  the  oi.Icrs  ,'iu!  v.jii  of  lin-  faid  marlbul,  but  the  murfeal 
>»ci»<-itH-«»  i»u  \.>iun\  of  jrtid  fcjujouer — I  was  ai/o  en  bci'id  wX  tVi;j,'':e  in  the  ni:.ia' 


T 


Nati:i.  I]vc.  h  Y  D  T. 
Sworn  to,  f^cj)lcmlcr  loth,  1793,  before 

J  0  UN    1,0  W  EM,  ;//  7V'  ""Z  ''-• 
VJ//';  ;Vi  Cowr.'  ^y'  Al-Jfuchufitti  "l.j'ri*. 

I  Samuel  BnAOFonn,  Dcpuij  M.irjhal  nf  tit  D'JhU'i  cf  MrJ^cJ. :■/.':■., 

Do     lEj-riFY    ANP    SAY, 

HAT  tn  Wcdiickliiy,  the  tv/tiity-firft  liay  of  Anj^ufi-,  jit  fiooiit  fwrr;  nfi! 


clock,  P.  M.  I  w:is  pofTLfrfcl  of  a  v/.-it,  Bii.r.cr  anJ  L'c'.vhcr.  {'i.iintl/'.s.  in 
replevin,  vs.  Luumoliic,  tominaiiilinjr  nic  to  icj)li.v\  tlic  fchooucr  culled  wicCiicy- 
liouu'.l ;  that  I  iinmcdi;itcly  pro'-.'-tlLil  t<i  fcrveth'-  faid  proccls,  wA  v/as  a:co!npani- 
cd  on  board  the  lUH  ichooncr,  then  Ijin^?  in  the  Iiarbi  ur  ol' lio.t.  a,  l.v  rape.';;* 
Lydc  and  Hay  man. — \Vc  fuund  only  0110  ia;tn  on  bftard  ;  I  enquired  for  Mr.  l.au- 
raofne,  the  prize-malh'r — ^I'he  French mr.n  hailtd  the  privatc.r  UowbnJ,  and,  uC 
my  requeft,  informed  the  people  on  h^.ard  lai.l  priviUccr,  that  an  Aiii-tI.  un  lu.-i 
bufinefs  with  Mr.  Launiofne — The  laid  I.aunioiue  came  ( 11  board,  a'tendfd  !  y  th.- 
captain  of  the  privateer — I  read  the  jireccpc  to  the  prize-nialler,  a:i',l  e;(plaincd  to 
l'i:n  the  ni::ure  <if  the  procefs,  nn^l  ohfervcd,  t!.at  a  bond  v.as  }>iven  to  i'uppoii  r.pf 
damages  that  mi<?:ht  arlfc  frwm  my  takinjr  pofl'eliion  of  tiie  fehooncr — I  a'.l'.ed,  th,.t 
1  was  then  in  poflcfllon  of  tlie  f^liu oner,  and  that,  at  a  jn'oper  tiiuc,  1  I'lould  remove 
'Jlnd  veli'el  to  the  v.'harf — 'I'he  pri/.c-maftcr  cbferved,  that  Tvlr.  Juta'.i  vas  thru 
(loinp^  bufniefson  board  the  frl;pte  La  Concord,  and  fh-'t  lie  flionld  fend  for  him-— 
to  w'./.'hl  confeated — fton  afrer,  A'lr.  Jutaii  ca'";  c/.i  board  tl::  fcliooncr  —  I  then 
informed  him  of  tiie  proctfs  that  I  had  againll  .  ^"lid  kh.oor.er — read  to  I'm  t!;c 
writ — and  ohlervcd,  that  I  Jli(»-.dd  remove  the  v-lL!  a.i  .'.Lgvc  llatf:d — ?vTr.  Jii'.au 
faid,  that  I  Iiad  no  ri^lit  or  rauhority  to  lervc  any\.  rlt  after  dark — 1  hat  tJ.e  veffel 
helonj;ed  to  the  Repuldic  of  Trance,  and  co<dd  i.ot  be  anach?d — and  thr.t  I'hc  v.;;j 
under  x.hf  protcetloii  of  the  French  Republic — and  h2  made  mjny  other  obferviit!>:ns 
to  the  fime  effeft — I  rcp'.ijd,  that  as  an  cflletT  of  the  ;/ovorr.!nent  f  f  the  li'-i'ti 
^States,  I  fliould  purfue  iUielly  the  line  of  my  duty — ^Jr.  Jutim  le't  the  fchconer, 
and  told  the  prize-maiicr  to  remain  on  hoi.rd  ;  after  he  v/asir  the  boat,  to  reHinj 
to  the  frigate,  I  reqiiefled  liim  to  iru'orm  J»Ir.  lA'U'nofne,  tiiat  after  the  uho.-:;  •;* 
Was  hauled  to  tiie  wharf,  Hlinidd  rer;i>.irc  him  to  ro  on  iiorc — Mr.  Jutaii  rcpKed, 
that  I  might  inform  the  prize -marter  myfelf,  and  that  I  nude  force  him  from  the 
veiTel — In  about  half  an  hanr  after  Mr.  Jutau's  departure  on  board  the  frinate,  z.n 
oifictr  came  from  thence  on  bo'.-rd  the  fchconer,  he  wa;-,  a  reutonart,  and  I  Irard 
him  inform  tj-.e  prize-mafter,  tliat  I  ih.ould  not  remove  the  v.-liel — In  aVout  ar;  h  .t.r 
iJter  thiii,  a  body  of  about  tv.'elvc  armed  men  (marine  0  came  en  board  the  Ichoor.-.r, 
From  the  frip;ate — The  lieutenant  read  a  paper,  wliieh  \  ivj.<pofc  wcikJ  orders — At 
**)out  ha'f  palb  clever,  o'clock,  I  addrelLd  ll"*  lieutenant,  and  after  otMcrrTia-  ■<•• 
him,  that  he  appeared  inter-'tc^-*.  in  the  bullnefs  in  whidi  I  was  engaged,  I  aflurtti 
him,  that  my  writ  was  againft  Mr.  Lanmofnc,  and  that  1  hrd  ro'diing  tc  f.;y  to  him 
(the  lieutenant)  relative  tiiereto,  and  I  added,  that  1  had  t»hen  pofiliTion  of  the 
ieh(.oner  by  virtue tf my  oltiee,  as  deputy  marfii.ul,  ttid  that  I  fl.ould  prrceed  to 
remove  her — He  replied,  that  be  fliould  obey  the  o:\lcri  that  Le  had  received  fn  -ii  his 
•aptain,  which  v.a  ,  to  remove  the  faid  fcln-oner  near  to  the  frigate — ^The  lieuteuant 
then  ordered  the  vjflel  to  be  removed,  and  v/e  were  h;  ulel  b:t  vcen  the  irt;':atc  ;ir,l 
privateer  Rowland.  1  told  tiie  lieutenant,  that  what  he  dii',  he  n-.rft  anlV.-er  fiir, 
and  1  forbid  him,  at  his  peril,  to  remove  the  faid  fei'.our.er.  I  aflced  the  faid  r>.i.^- 
iiant,  if  he  h.ad  hrouglit  the  armed  fi.rce  to  prevent  my  removing  t'le  fehnon*.:r ;  1  tt 
Veplied  in  the  afiirnLktive.  i'inding  myiVif  orpo'ed  in  the  progre!;  of  fervin.:;  1.'./ 
precep;,  by  an  armed  force,  I  difinifi'ed  the  men  v.-ho  v/ere  en  hourd  U>  give  rue  a.ii 
in  condv'.dlingthc  fehooner  to  the  wl-..;rf :  Sometime  .ifter,  the  lieutenant  retirei 
i««  th«  fehutfbicr,  ii>iU  toak  off  his  I'.KU,  txctiitin^a  fio-.y-ei-edunJiyur,  wh.'-',  he 


•l/i'Vrvi.-i',  he  fl-.oiiM  lr?.ve  on  licni\l,  to  take  care  of  faiJ  fthooner.  At  about  twelvd 
©Mocl^,  A.  j'vl.  Mr.  Cuiilul  Dujilaiiic,  Mr.  Jiitau  the  chintellor,  and  Mr.  Vaiicrede, 
in  going  i;n  lliori' from  tlu' fVi<.faii.',  came  onbuard  tbc  llliooiicr. — We  cfinvcrl'ud  oh 
tbc  r!i!)iii'l  —  1  WiM  iiVcr  tliL' h\ir.iKrBii;.ai:i,  and  told  Tilr.  I>i'.nlaii:f,  that  I  was  op- 
pofcd  by  an  ainitd  force;  but  that  I  Iluiuld  ncl  quit  the  v'lVcl.,  'J  h.-  Ccnful  laid, 
ihi'.t  lij  flir-'ld  kctppoflt  ilion  ;  bur  ad«'cd,  that  it  I  wtnt  c!  nu;r<s  I  might  return 
en  boi.rd  in  ilu'  morniny;,  and  tl,:i'.  the  vcfltl  w.'uid  n-main  in  iiic  fame  fituaiion. 
ivom  tli'j  ccnveilation  between  iVTr.  L'njjiaine,  Mr.  JiUuu,  the  b"eutenant  of  the 
frjgalo,  th."  j^ri/.c-m.UUr,  and  myfcW,  I  irail  no  dmibt,  l)iit  th.at  the  taptuin  i;f  the 
fi  i"ate  lu'leil  under  the  oidcrs  of  Mr.  Unph'.ine.  A  "uard  was  revidarlv  maintained 
on  \)C?.vd  the  uhooner,  from  \\V(bk  U'ay  nij'Iit  till  ab<Mit  i;  o'clcck,  I'.  M.  en  .'^a- 
'  tTirday,  the  i  uh,  wIkmi  a  boat  frcni  the  frigate,  took  frcr-.i  tl.e  I'.huor.cr  the  girard— 
I'iic  Corpoial,  prfvious  to  bis  quitiino;,  liailed  ihe  Ibojc,  or  the  j;rivateer  Rowland, 
aixl  a  Fremi.uK'n  canv  on  beard ll.j  leheoncr,  alter  wbieii  ilie  giiaid  retired  ;  lioii 
r'ur,  (lie  iVij^ate  beinj;  tlieii  under  way,  and  having  procured  allillanee  from  the 
town,  I  directed  tiiejx-e'ple  to  weigh  the  anchors  of  tlie  i'ebooner,  ami  eondiidl  mc 
to  the  v>harf,  a.  Iiere  I  arrived  at  i  o'clock — having  kgally  executed  my  precept. 

1  foiMi  after  law  tlic  eonful,  who  laid,  "  'I'licn,  ^iir,  you  I.ive  (juitted  the  vefle' — 
You  have  then  left  her,  [  I'uppcfL-."  To  which  I  replied,  that  I  luid  left  her  at  the 
wliaif,  had  executed  my  precept,  and  that  I  fhould  take  proper  care  of  the  fal«4 
IVhe^oner — 'I'lie  Coni'ul  appeared  ri,rprii'ecl. 

S  A   M  L.     B  R  A  D  F  O  R  D. 

]%!  ;toN',  r^  I'f.wLr  '>-\if,    r79.v 

irivvoni  tOj  September  ictb,   1793,  before 

J.  I.  O  \\  F.  I.  L,  Judge  of  the 
rilhiJi  of  Maffachufett.-. 


■rniL    UNMTE  » 


c  r.  o  R  (]  !■.  w  A  ;j  1 1 !  N  (;  'r  o  n,  r  r  j.  s  i  r  v.  k  t  or 

:/F  ATES  OL  AMERICA. 
TO  M.r,  wii(;ri  ir  m.w  concern, 
'"I  "HP.  Iici'r  Ainoine  Civ.iibr.iict  Duj'Iaii;c,  heretofore  having  produced  tome 
1.  hisconimiirion  as  vi;e  eoniul  for  the  Republic  of  France,  within  th'j  Hates  of 
>u\i -IL.niplhire,  Mairachullttr,  and  Rhr>de-iiland,  and  having  thereon  received 
from  me  an  cxtcMiatur,  bearing  date  the  fifth  day  of  June,  i  ■<;;,,  recognizing  him 
.T,  fir:h,  and  declaring  him  fne  to  excrcife  and  enjoy  Itich  funt5tions,  pov.crs  and 
j.tivil  gei5,  as  aic  allowed  to  vice  ccniii! ,  of  the  French  Republic,  by  ilic  laws, 
treatiis,  and  eonveiitions  in  that  cafe  made  and  pro  'ided,  and  the  faid  (ieur  Du- 
jdaine,  having  under  v(;l(  r  of  his  faid  office,  conmiitted  i'undry  encrochnicr.ts,  and 
infue  ions  (  n  the  lav.  .  of  the  land,  and  jiarticularly,  having  catifed  a  vcffel  to  be 
rcl'cue  1,  with  an  armed  force  out  of  the  euilody  of  an  officer  of  julUcc,  who 
had  airefled  the  fame  by  procefs  frem  his  ccurt ;  and  it  being  therefore  no  longer 
fit,  m  r  coidiilcnl  with  the  rcfpecl  and  obedience  duo  to  the  laws,  tl-at  the  faid  fieur 
Dupl.  iiic  Ihenld  be  jicrmittcd  tocontumein  the  excrcife  and  enjoyment  of  the  faid 
fune'ti  md,  privileges  and  power-.:  Thefe  are  therefore  to  decJaie,  that  I  do  no 
loni_i\-i  reeo^rniic  the  laid  An*o!nt  Charbonnet  Duplaine,  as  vice  eonful  (d' the  R.c- 
j)ubl!c  of  I'i.ii.c,  in  airy  pa  t  <A  thefe  Unit;-"!  Sta.tci>,  nor  permit  him  toeX(  reife  or 
enjoy  any  of  the  fiiiiClions,  j)owers  or  privileges,  allowed  to  llie  vice  eonfuls  of 
that  nation  ;  and  that  I  do  hereby  wholly  revoke  and  annul  the  faid  ex(  c|uatiir 
heretofore  given,  and  do  declare  the  fame  to  be  abfolutely  null  and  void,  from  thii 
day  forward. 

In  teftimony  whereof,  I  have  caui'ed  thefe  letters  to  be   m.ide   patent,  and 
the  fcal  of  the  United  States  of  America  to  be  hereunto  albxed. 

(!iven  tn;dcr  my  band  this  day  of  ni  the  year  of 

our   Lorit,  I7yj,  and  of  the  Independence  of  the  United  States 
of  America,  the  eighteenth. 

Gi.  o  :  WASHING  T  O  N. 
By  the  Pr.fiJuit, 

Tn  :  J  E  F  f  Ji  R  S  O  N. 


icrcdc, 
led  oil 
;is  op- 
il  l;iiJ, 
return 
uuiuii. 
of  the 
<;f  the 
laiiicd 
en  ■'^a- 

llUil— 

vvliind, 
;  Iron 
ni  the 

<Ll  mc 
It. 

nvi— 

at  ihc 


[     89     1 

MoNTicELLO,  in  riyliua,  OSiohzr  i|,  179], 
kit',  yci/irfon,  Secr.-tary  :f  State,  to  the  Mifiijhr  'Plc,:ipaLittiurj  of  fruftce, 

S  X  R,  " 
TN  :i  former  Ictrcr  which  I  had  the  honour  of  writ'.np;  you,  I  menll<,v..v!,  that 
■*  inlbimation  had  lx.cn' receive,!,  that  Mr.  DupLiim-,  vicu-coniiil  01' France, 
at  Bofton,  had  been  charged  with  an  onpofition  to  the  lawr,  ot  the  lund,  ot  ixicli 
a  char::»51er,  as,  it'  true,  v/ouid  render  it  the  duty  ol  the  Prelident  iiimiediatelv 
to  revoke  the  extquritur,  whereby  he  was  pennittrd  to  cxercile  the  fV.r.e^icns  or 
Vict-eonlul  in  tliele  United  Str,es.  The  taft  has  heen  iincc  enqt'.iied  into,  and  I 
now  cmlole  yon  copies  of  thi  evidence  cftabhlhirf  i',  whereby  yen  wiil  per- 
ceive, how  inconlHtent  with  peace  and  ortler  it  would  he,  to  permit  any  longer 
the  extrcile  of  funftiono  in  thefe  United  States  by  a  perlon  capable  ol  nnitakinf^ 
their  l';[;iiim:>tc  extent,  lb  fur,  as  to  oppole,  by  t.uce  of  arms,  the  conrle  oi:' 
the  laws  witliln  the  boily  of  the  eonncry.  The  vv'idlcm  and  juilice  bi  the  ro- 
vcrninent  of  PVanre,  and  their  ftn  e  of  the  neccfnty,  in  every  government,  of 
preierving  tlie  courle  of  the  laws  free  and  unobllrucled,  render  us  confide  . 
that  they  v.'lil  approve  this  nectlfary  amltation  of  the  proceedings  of  one  or 
their  aj^ents  ;  ss  we  v.onld  certainly  do  in  tlie  like  ca!e,  were  any  con'ad  or 
vice-conlul  uf  ouvs  to  cpj'ofe,  with  au  armed  force, the  courfe  dl  iheir  laws  with- 
in tiieir  own  limit*.  Still,  however  indii'ptnlabie  as  this  aft  has  been,  it  is 
with  the  moil  lively  cnicern  the  Prcfidcnt  has  I'een,  that  the  evil  could  not  be 
aiTcfted  otherwile  than  by  an  appeal  to  the  authority  of  the  country. 

/  hu'Ve  the  hn':r  to  be,  &c. 

TH:    JEFFERSON. 

October.  3d,  1793. 
Mr.  Jeffirfofi,  Secretary  of  S".  fate  ^  to  Mr.  Morris,  Minifur  FlfmpQ{cnuc.ry  of  the 

L'aitcd  Statesy  to  France.  ■ —  "' 

Dear  sir, 
IITR.  Duplanie,  vice-conful  of  France  at  Bofton,  having,  by  an  armed. force, 
•'•"■*■  onpoled  the  couriit  of  the  Iaws  of  this  country,  vvli'\in  the  fame,  by  rtfcuing* 
out  of  the  hands  of  an  oflicer  of  jultice,  a  velVel,  which  he  lia  1  arrefted  by  authori- 
ty of  a  precept  from  his  court,  the  Prefident  has  thought  it  necelVary  to  revoke 
tiie  exequatur,  by  which  he  had  pennitted  hiui  to  cxercile  his  funilions  hen-. 
I  enclofe  youcopiesof  the  aft  and  of  the  evidence  on  v>'h;th  it  has  been  i'ounded; 
as  alio  of  the  letters,  written  to  him  and  Mr.  Genet,,  and  you  are  delired  to  com- 
municate the  fame  to  the  government  of  Fiance,  r.nd  to  exprefs  to  them  the  v*rT 
great  concern,  with  which  the  PrefKUnc  has  I'een  hlmlelf  obliged  to  take  a  mca- 
iure  with  «ne  of  their  agents,  lb  little  in  unilbn  v/iih  the  fentii-nentsof  fricndfliip 
we  bear  to  their  nation,' and  to  the  reCpeft  we  enteriaia  foi  their  aotliori'jy.  But 
confcious  we  fliould  deem  it  an  aft  oi  fiiendihip  in  th.em,  to  do  .he  like  in  the 
like  cafe,  and  to  prove  their  confidence  in  our  juftice  and  friendfuip,  by  isftan- 
taneoufly  diubllng  from  a  repetition  of  the  aft,  any  coniul  or  vice-coii.'iil  of  ours, 
wlio  fliould  once  have  ban  guilty  of  fuch  an  aggrtlTion  en  their  authcity,  we 
rc.'y  on  the  fame  friendly  tonluuftion,  on  their  part,  of  the  dilagrecahie  meafurs 
now  forced  on  us. 

I  have  thi  !:cnn>'  to  be,  &c. 

TH:    JEFFEr.SON.  ^,. 


I 


Gtk.MANTOWN,  November  5,  ^7^2' 
Mr.  Jeferfctt,  Secretary  of  Static,  to  the  Mkiftcr  FLdpffte/uary  of  France. 

Sir, 
HAVE  the  lionour  to  crc'ofc  you  the  copy  of  a  letter  from  Mr.  Moiffonicr, 


conful  of  France,  at  Baltimore,  to  the  governor  of  Maryland,  ar.nounci-.ig 


tliat  Gi-eat-Britain  is  about  tj  commence  htiUlitj.;*  as'iinlt  us,  ;y»-.l  ihst  he  pu; . 


[  93  ] 

j>ofcs  tr  collfcl  tlic  n.wnl  force  of  your  Kpublic  In  lV,e  Chcfapcak,  and  to  poft 
ihcJN  as  a  vnn-gviarcl  to  dornng^tlH'  iiij.polal  dtfigiiJ  of  tlic  inmiy. 

TIu-  hue  Cvijrgefliou  of  fiich  a  fw^l,  liovvtvir  iivijnobablc,  rtncitrs  if  a  duty  to 
cnquiiG  into  it,  anil  I  (hall  confider  it  as  a  proof  ot  your  friem'/liip  to  our  Ra- 
tion, iF)ou  have  it  in  your  power,  and  will  le  plcalcd  to  communicate  to  r.  e  the 
j^roundb  of  Mr.  Moifibnitr's  ;iflVitioii,  or  any  otlicr  rtlptc^lable  evidence  ot'luch 
an  intention,  on  the  pait  of  Great-Britain.  ^ 

In  the  intan  whili',  as  wc  have  rcaibn  to  believe  It  unfounded,  as  they  hr.ve  ii: 
r.o  inftancc,  So  yet,  violated  the  fortrtignty  of  our  countiy,  l)y  any  conimir- 
nicnt  of  hodilitits,  even  on  their  enemies  within  our  juriKh6\ion,  wc  preiiime 
with  confidence  that  Mr.  Moiffonier's  fears  are  grourallers.  ""I  have  it,  theie- 
fore,  ill  charge  to  defue  you  to  adnionifli  Mr.  Mcillbnicr  againrt  the  parade  h* 
propofw,  of  Itationing  an  advanced  guard  in  the  hay  of  Chel;ipe:ik,  and  againit 
any  lioltilc  array,  which,  under  the  profefllon  of  difenfive  oj)oratlons,  may  in 
fact  generate  thole  olfcnfive.  I  flattei  iiiyklf,  Sir,  that  yru  will  be  10  good  as 
to  join  the  cfFeft  of  your  authority  to  that  of  our  govcrnntent,  to  prevent  mca- 
Cures  on  the  part  of  this  agtnt  of  your  republic,  v.iiich  may  bring  on  dil;<grec- 
ublc  confcqutnces. 

/  /urvc  ihe  hf/or  fo  be,  Cfr. 

TIL    JEFFERSON. 

B.M.TiMORr,  05tober  23d. 
zd  year  of  the  Frtuch  Republic. 
C'tnveti  Moi-Taricr  to  Gr/.-eral  Lee,  Ccvrr/ior  oj  the  State  c/  MaiytitfiJ. 
'T^HE  liberticidelyittni  v.hich  direfls  tiie  European  cabinets,  isgoing  to  mnni- 
■*•     felt  itielftovvakds  the  United  States.     England,  that  power  to  which  they 
have  been  lb  complaiiant,  is  getting  ready  to  tall  upon  thcni.    The  preparatives 
;tre  made,  and  I  ice,  with  pain,  that  no  dilpofitions  whatever  are  made  to  oppoic 
any  refiltance  to  them. 

The  indifftrence  of  this  frate  canViOt  exift  as  to  our  interefts.^—This  bsy  con- 
tains the  riches  of  our  commerce  of  St.  Dmningo,  and  tlie  only  hope  of  the 
T'rcncli  nation.  We  fliall  become  infallibly  the  firll  vi£f  ims  of  this  tarcleflneli;, 
if  I  am  not  able  to  obtain  from  you.  Sir,  that  the  forts  which  defend  the  entrance 
of  the  Chcfapcak  be  put  into  condition. 

'Ju  In  the  meanwhile,  und  in  puriuance  of  the  orders  of  the  mlniftcr,  I  am  golr.g 
to  collet  all  the  maritime  forces  which  the  republic  has  in  this  bay,  to  form  a 
van  guard,  liiHiciently  tcrnilduble,  and  to  derange,  if  it  be  pofllble^  the  projtcU 
of  our  conmion  enemies. 

/  bai'e  the  honor  to  be,  iiith  the  fmj} perfeSi  confuleratmt, 
'  ■'","  ,  Sir,  your  -very  htttnblefer'vant, 

F.    MOISSONIER, 


TRANSLATION. 

New-York,  November  15,  1793. 
2d  year  of  the  Republic  of  France. 
IheMin'ificrofthc  Frcuck  Rehuhllc  ivith  t!:c  United  States,  to  Mr.  JfferfniTt 
Stcreiary  of  State  of  the  UniuJ  Slates, 
Sir, 
HAVE  received  the  letter  which  you  have  done  me  the  honor  to  write  to  mc 
the  5th  November. 

Th.e  citizen  ^loiflbnnitre  has  given  to  my  Inftmflions  a  felife  more  deteiTninnte 
than  I  had  intended.  I  did  not  write  him  that  England  was  immediately  going 
to  fall  on  you  ;  but  knowing  by  your  hiftory,  by  our  ov/n,  and  by  (till  more 
pniticular  information,  all  the  hatred  with  which  that  government  hpnork  your 
and  ci;v  principles  j  kncwing  the  ftcrct  treaties  v'hich  unite  the  courts  Icagiieil 


I 


mii 


[ 


1 


r.gainil  tree  people,  confident  that  our  fuccefs  cm  alonr  I'upps'cfi  tl\e  proje*^s  of 
vengen.nc-  wliicti  arc  pcrpctuiiliy  ncuriiheil  in  the  !)iv.alt  ol'  your  ancitnt  tyrant, 
llring  that  lumc  revcrit'S  aaervvart!i>  dtacal,  might  tMcite  hlni  to  ucc-'.^rate  tho 
execution  of  his  dtligns,  I  prei'crihal  to  thii  Vicv-Conliil, 

lit.  To  concert  vvitli  tlic  cominanilt-r  oF  our  naval  forces  hi  the  Chcfapeak, 
to  have  colleflcd  at  BaUimore  all  the  coniniercial  VvlIeU  wliich  may  be  ui  lijc 
open  and  unlafo  road  of  Norfolk. 

2il.  To  have  the  arnu-d  vcffcis  anchored,  according  to  cv.liom,  In  the  advanced 
guaid  of  the  convoy. 

3d.  To  cftablifli  a  fevere  police  in  the  road  for  the  purpolc  of  preventing  dif- 
ordtr,  and  protediing  our  property  from  inceniUary  eauiprlzes,  lurHcicntly  la- 
miliar  to  (»iir  common  entiny. 

4th.  To  found  the  local  government  of  Maryland,  to  know  wljether  the  for;s 
wliich  fuim  a  part  of  the  defence  of  Baltimore,  could  not  be  repaired,  r 

Citizen  MoilFonicr,  animated  by  a  very  pure  patriotifm,  has  doubtlels  mi::cJ. 
;i  little  waruith  in  this  latrer  ftep ;  but  1  do  not  fee,  Sir,  that  he  hss  nuritel 
the  admonition  you  mcnrion,  and  tlv.it  the  meafuro*  taken  for  the  fecurity  of  th: 
load,  can  cumpromlt,  in  any  manner,  the  pease  of  the  United  States.  Go(l 
Srant  that  you  may  long  enjoy,  with  honor,  that  pcaae  Co  pleafant  and  happy. 
It  is  the  veiy  hncere  wifli  of  your  friends ;  it  iy  mine  ;  but  I  /liall  not  now  dif- 
Jtmble  more  than  I  have  hitherto  done,  that  it  is  not  the  mod  certain  objecV  or 
my  hopes.  /Jiefore  having  tlie  Iiaopint  Is  of  ferving  a  free  people,  I  was  cmploveJ 
by  a  courf,  and  I  lefided  at  fcveral  others.  I  have  been  Icven  years  aheail  ofth? 
bureau  at  Verfaiiks,  under  the  direction  of  Ver^eiines.  I  have  palled  oiie  year 
at  London,  two  at  Vienna,  one  at  iicrlin,  five  In  Kullia,  anvl  I  am  too  well  initi-. 
atcd  in  themylleriej  of  thele  cabinets,  not  to  tremble  at  the  fate  which  menaces 
America;  if  the  cauie  of  liberty  fiiouid  not  triumph,  everywhere,  foi<v»,v 
wiicre  where  there  is  a  throne,  I  wasrant  that  you  have  an  enemy.  All  i!\.* 
princes  look  upon  you  as  (.ur  te;'.rl:ers  ;  almoit  all  conliiLr  you  as  reliels,  who 
nuiil  fooner  or  later  be  chaltiled  ;  almolt  all  hAvefworfijour  ruin  as  'Z'jcl!  cs  ours^ 
and  he  allured  that  Oeorge  III  has  not  entered  ijito  tiiclr  league,  l)utonllii-< 
condition.  Your  expedients,  your  managements  will  not  change  this  lyfteni, 
and  if  the  minifters  who  refuk:  wilii  yi)U,  hold  a  different  languap;e,  it  is  onlv  tl.s 
better  to  dv'ceive  you.  They  triumph  at  tlie  fecurity  inio  which  they  havj 
plunged  you,  at  tue  very  ir.Jinjnt  wiie.i  theu'  coiu'ts  are  infu'.ting  you  in  eveiv 
vju.irter,  except  oii  your  coalcs,  where  tliey  know  we  have  forces  j  but  their  tone 
will  clumge  whilll  ours  Ihall  rciiiain  invariably  the  fame,  tnic  ar.d  linccre. 

yLceJtf  /;7v  rf/>ir?, 

G  E  N  i:  1'. 


CJiiR\tANTOV,'N,  Novembers,  170]. 
Mr.  Jeffcrfo/!,  Secretary  of  Stats,  to  Mr,  Genet,  Miuisler  of  h'rwi-e. 
Sir, 
T  HAVE  now  to  acknowledge  and  anfwer  your  le:(er  of  September  13,  wherein 
■■■  you  defnv  that  we  may  define  the  extent  of  the  line  ol  rerritcrJal  piotcdi(,i\ 
on  the  coalts  of  the  United  States,  obierving,  that  government*  and  juris. con- 
fults,  have  different  views  on  this  fubjei"!. 

It  is  certain  that,  heretolbre,  they  !iavc  been  ranch  divided  in  opinion  as 
to  the  dirtance  from  their  lea-coa!is  to  which  they  might  realonal)ly  claim  a  rig'^', 
of  prohihitiiig  the  commitiueat:  of  hulUlities.  The  grca^elt  dUtancc  to  '.<neh 
any  rerpe6tabTe  allcat  among  nati.-ns  has  i)ien,  at  any  time  giVen,  has  br^n  the 
extent  of  the  human  ilght..  eltirnatetl  at  upwards  of  20  miles,  auvl  tlie  fir.:;helt  dil- 
tance,  I  believe,  claimetl  by  any  nation  whateV-'r,  is  the  \it:no(l  range  of  a  .au- 
non  ball,  ufually  Itated  rt  onii  lea-leigu:.'.  Some  iiiteru.cdiau-  ili'.h'.nces  have  id.'o 
k^i  ittiiu«4  tf<b  iin^  i^lii*'  ^'-  '^^i*'-*  lta-lv:i!ju;.s^  hrti  lon*..  ;'.ui.hc:-ity  Ui  itsi..vor.  ^J^ 

/ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Hiotographic 

Sciences 
Corporation 


23  WIST  MAIN  STRUT 

WIBSTM.N.Y.  14SS0 

(716)t7a-4S03 


^":^ 


I   Umi^mVBVUfM  ll»p_IJjWW»»|i 


i     9*     1    ' 

The  c!iara£ler  of  our  coaft,  remarkable  in  ccnfiderable  parts  of  it  for  ac^mltting 

.no  vefTels  of  fize  to  pafs  near  the  (hores,  would  entitle  us,  in  reafon,  to  as  broad 

a  margin  of  protefted  navigation,  as  any  nation  whatever.     Not  propofing, 

however,  at  this  time,  and  without  a  rcfpeClful  and  friendly  communication, 

I         with  rhe  powers  interefted  in  tliis  navigation,  to  fix  on  the  diltance  to  which  we 

I         inay  ultimately  inlift  on  the  right  of  proteflionythe  Prefident  gives  inftmftions 

to  tha  cfficers,  afting  under  his  authority,  to  confider  thofe  heretofore  given 

^■'  them  as  r«ftrained  for  the  prefent  to  the  dillwnce  of  one  fea-ieague,  or,  three  geo- 

i'         giaphicsl  miles  froriTTKe  leainbres.     This  diltance  can  admit  of  no  oppofition, 

'  as  it  is  recognized  by  treaties  between  feme  of  the  powers  with  whom  we  are  con- 

'■-^^j:,^^.    Healed  in  commerce,  and  navigation,  and  is  as  little  or  lefs  than  is  claimed 

by  any  of  them  on  their  own  coafts. 

Future  occafions  will  betaken  to  entei*  into  explanations  with  them,  as  to 
■'■■..-.'      the  ulterior  extent  to  which  we  may  reafonably  cany  oui  jurifdi6liony/  For  tliafc 
,;  of  the  rivers  and  bays  of  the  United  States,  the  laws  of  the  feveral  Irates  are  uq- 

derftood  to  have  made  prcvilion,  and  they  are,  moreover,  as  being  land-locked 
I  ,  within  the  body  of  the  United  States. 

,  Examining,  by  this  i-ule,  the  cafe  of  the  Britifh  brig  Fanny,  taken  on  the 

Sth  of  Maylaft,  it  appears  from  the  evidence,  that  the  capture  was  made  four 
or  five  miles  from  the  land,  and  confequcntly  without  the  line  provifionally 
^adopted  by  the  Prefident,  as  before  mentioned. 
;•  I  have  the  honor  to  he,  i^c. 

'      ■-.•^v.-.-:^/.:..- .vv.-:..f>:-4   -r.;^'--'-"  TH;    JEFFERSON. 

'"*"■"''"■' —  ■  ',  ■         Germantcwn,  November  lo,  1795. 

^Z.i3.^Jfe^foni  Secretary  of  State,  *o  the  Minister  Ple^iipotdtiarj  from  ike  Rt/ublic 

J         -.•«>-—  of  France,  to  the  United  Sixties, 

Sir, 
^  S  in  cafes  where  veffels  are  reclaimed  by  the  fubje61:s  or  citizens  cf  tlic  bel- 
•*•  ligerent  powers,  as  having  been  taken  v/ithin  the  jurifdiftion  of  the  United 
States,  it  becomes  neceflary  to  afcertain  that  faft,  by  teltimony  taken  according 
to  the  laws  of  the  United  States,  the  Governors  of  the  feveral  ftates,  to  whom  the 
'  '  applications  will  be  made  in  the  firft  inltance,  are  defned  immediately  to  nbtily 
thereof,  the  attornies  of  their  relpeilive  diftriiU.  The  attorney  is  thereupon  in- 
ftrufted  tc  give  notice  to  the  principal  agent  of  both  parties,  who  may  have  corns 
in  with  the  prize,  and  alfo  to  the  confuls  of  the  nations  interefted,  and  to  lecom- 
jnend  to  them,  to  appoint,  by  mutual  confent,  arbiters  to  decide  whether  the 
captux-e  were  made  within  the  jurifdiftion  of  the  United  States,  as  ftated  to  you  ii) 
my  letter  of  the  Sth  inftant,  according  to  whofe  award  the  Governor  may  pro- 
ceed to  deliver  the  veffel  to  the  one  or  the  other  party.  But  in  cafe  the  paities, 
or'conful  fhall  net  agree  to  name  arbiters,  then  the  attorney,  or  fome  perlon  fub- 
ftituted  by  him,  is  to  notify  them  of  the  time  and  place,  wlien  and  where  he  will 
be,  in  order  to  take  the  depofitions  of  fuch  witnelfes  a:  thiy  may  caul'e  to  come 
before  him,  which  depofitions  he  is  to  tranlipit  for  the  information  and  deci- 
fion  of  the  Prefident. 

It  has  been  thought  beft  to  put  this  bufmeis  into  fuch  a  train,  as  that  the 
examination  of  the  faft  may  take  place  imriedlatcly  and  before  the  witncITes  may 
have  again  departed  from  the  United  States,  which  would  too  frequently  hap- 
pen, and  elpecially  in  the  diftant  ftates ;  if  it  fhould  be  deferred  till  information 
»  IS  fent  to  the  executive,  and  a  fpecial  order  awaited  to  take  the  depofitlor.a.^*^ 

I  take  the  liberty  of  requefting  tliat  you  will  be  pleafed  to  give  liich  inltf  uc- 
tlons  to  the  confuls  of  your  nati»n,  as  may  facilitate  the  objeft  of  this  regulation, 
I  urge  it  with  the  more  eameftnefs,  becaufe,  as  the  attornies  of  the  diftrifts  ai-e 
for  the  moft  part  engaged  in  much  bufmefs  of  their  own,  they  will  rarely  be  able 
to  i^ttend  more  than  one  appointment,  and  confequcntly,  the  paity  who  fhould 


"^IJf»J? 


Jroad 
)fing, 
tion, 
:h  we 
Hons 
^Iven 
geo- 
tion, 
con- 


to 

that 

icked 
the 


V 


£    93    ! 

fail,  from  negligence  or  other  motives  to  produce  his  witnefles  at  the  time  and 
place  appointed,  might  lole  the  benefit  of  their  teftimony  altogether.  This  prompt 
procedure  is  the  more  to  be  infilted  on,  as  it  will  enable  the  Prefident,  by  an 
immediate  delivery  of  the  veflel  and  cargo  to  the  party  havirg  title,  to  prevent 
the  injuries  conlei^uent  on  lone  delay. 

;  ^'   • "  ■  ■"]\.  '■'  ■    1  have  the  honor  to  be,  &c. 
^'      •         ^  TH:    JEFFERSON. 

'     J  u  T  R  A  N  S  I.  A  T  ION.  ,,.i     . 

•  ,■  *      ''^{.v^-'.. /.,  ...    :,    New-York.,  November  t 4th,  1793. 

■   ■  ■     -    ':*"■    "     -   '         2d  year  of  the  French  Republic. 

fjje  Cuizen  Genet,  Minijler  Plenipolefitiary  frgm  the  Reptihlic  of  France,  to  thi 

United  States,  to  Mr,  Jefferfon,  Secretary  of  State  of  the  United  States. 
Sir, 
T  HAVE  received  the  Exequatur  of  citizen  Dannery's  commiflion  as  Conful, 

*  and  immediately  tranfmitted  it  to  that  public  ouker.  / 

I  ihall  prelbit  to  the  Executive  Council  ov  the  republic.  Sir,  t'le  judicious  re- 
flexions which  you  have  made  on.  the  attribution  of  the  confular  funftions, 
which  aix.  in  faft,  reduced  by  the  commllhons  of  our  confuls,  to  the  limits  of 
the  cities  of  their  refidence  j  which,  certainly,  is  not  the  intention  of  the  coun- 
cil. I  fhall  alio  lay  before  them  the  obiervaiion  you  have  made  relatively  to  the 
addrefs  of  our  conlidar  commifTions,  and  they,  in  their  will'.om,  will  adopt  the 
alterations  of  which  this  matter  appears  fufceptible,  agrccr.bly  to  the  text,  fpirit, 
and  bafis  of  your  conilitufion. /However,  as  it  is  not  explicit  in  (his  relpeft, 
and  as  the  tuDiSlions  attributea  to  the  Prcfilent  of  the  United  States,  relativeljr 
to  the  reception  of  foreign  minilters,  appe.u'  to  be  only  thofe  which  are  fulfilled 
in  court!  by  the  firft  minitters,  for  their  pretended  fovercigns,  to  verify  purely 
and  fimply  the  powers  of  foreign  agents  accredited  to  their  muiters,  and  irrevo- 
cable by  them  when  once  they  have  been  admitted.  I  Ihould  be  glad.  Sir,  in 
order  the  better  to  fix  the  ideas  of  the  French  council  on  this  interefting  queftion, 
that  you  would  have  the  goodnefs  to  enlighten  it  v^rith  your  knowledge  and  that 
of  your  learned  colleagues,  which  I  (hall  faithfully  tranfmit  to  my  fuperiora, 
^' -v  ;.v, ..  ■^■.^-  '.  .-iin  n-  -.,'  •■'.■■.'  :  ''^^ ^Accett  vzy  refpeil, 
■y':.'.pV.:Y\.,,,^,  ,.'/■      ■  •  v:^         GENET.      '  • 

•  -""•■--:/'   "'.;">. >r^,.-      _„_-       ;.'-:.  ,-/ 
Mir.  yefferfoK,  Secretary  of  State,  to  Citizen  Genet,  Minister  Plenipotentiary  from 

the  Republic  of  France,  to  the  United  States. 
^    ■    ■■  ••  Germantovvn,  November  ax,  2793. 

Sir, 
In  my  letter  of  O^lober  2, 1  took  the  liberty  of  noticing  to  jou,  that  the  com- 
inlflioB  of  conful  to  M.  Dnnnery,  ought  to  have  been  ad;'.re!lcd  to  the  Prefideni: 
of  the  United  States,  he  being  the  o.ily" channel  of  communication  between  this 
country  and  foreign  nations,  it  is  from  him  alone  that  foreign  nations  or  their 
agents  are  to  learn  what  is  or  has  been  the  will  of  the  nivion,  and  whatever 
he  communicates  as  luch,  they  have  a  right,  and  ure  bound  to  confider  as  the 
exprefllon  of  the  nation,  and  no  foreign  agent  c«n  be  allowed  to  queftion  it,  to 
interpofe  between  him  and  any  other  branch  of  government,  under  the  pretext 
of  cither's  tranlgreifing  their  funftions,  no'-  to  make  Uimfelf  the  umpire  and  final 
judge  between  them.  I  am,  therefore,  Sir,  not  authorized  to  enter  into  any 
tlifcuirions  with  you  on  the  meaning  of  our  conftitution  in  any  part  of  it,  or  to 
prove  to  you,  that  i«:  has  afcribed  to  him  alone  the  admllTioa  or  inc'?rdiftion  of 
ibreign  agents.  I  inform  you  of  the  facl  by  authority  from  the  Prefident.  I  ha4 
obferved  to  you  that  we  were  pcrfuaded,  th.U  in  the  cale  of  the  conliil  Dannery» 
the  error  ia  tlie  addrel«  hai  proceeded  from  no  intention  in  the  Executive  Coum« 


,y  «)iiini^www|yTjy»,yi  i    n^j»»  ij..;..i 


i., 


^  '  C     9+     I 

sll  of  Fiance  to  queftlon  the  funftions  of  the  Prefident,  and  therefore  uo  difficuh/ 
was  made  in  ilui'm^i;  the  conimifiion.  We  are  ftill  under  the  ianie  nerluaficn. 
But  in  your  letter  of  the  i+th  inll.  you  pcrjonally  queftion  the  authority  of  the 
Prt'fidcnt,  and  in  confe<iue«ce  of  that  have  not  addrefled  to  him  the  commiffions 
of  Meffrs.  Pennevert  and  Chcrvi,  makinjr  a  point  of  this  formality  on  your  part, 
it  becomes  neceffaiy  to  make  a  point  of  it  on  ours  alio,  and  I  am  therefore 
charged  to  return  you  thole  commifTions,  and  to  inform  you  that,  bound  to  enforce 
rcfpert  to  the  order  of  things  ellablilht-d  by  cur  conftitution,  the  Prefident  will 
iilUe  no  Exequatur  to  any  con/iil  or  vict-conful,  not  directed  to  him  in  the  ufual 
foxni,  after  the  party>  from  whom  it  conits,  has  been  appriled  that  fuch  ftiould 
be  the  addrefst  /  hc've  (be  honor  to  be,  &c. 

%       ,        •  .  v  T  H:    J  E  F  I' S  R  S  O  N. 

'      ■','■';"■;">■';'>.■''*''•  TRANSLATION. ,      '  ^r  .r-^- [  . 

,.'.  "-'yvl;.^  '*;,"; ■rp';-/'  ,.;.','  Niw-York,  i4.th  September,  1793* 

■'■•"■  id  year  of  the  French  Republic. 

TZv  Ciiizen  Genii,  Mintfier  Plenipotentiary  from  the  Rspubltc  of  France  to  the 
, ,  1  ■ ,    WmtedStates,  to  Mr,  J<'fferfon,  Secretary  of  State  of  the  United  States. 

Sir, 
'T'HE  multiplied  bufinefs,  with  which  I  have  been  loaded  fmcc  my  lay  here, 
"'■    has  not  hitherto  permitted  me  to  acknowlei'ge  the  receipt  of  your  letter  to 
me  of  the  5th  of  Augull  j  it  came  duly  to  hand,  and,  as  the  dccifions  it  con- 
tains are  o)iiy  the  coniequence  of  thofe  on  which  I  have  already  made  th''  Ih  ong- 
tH  and  the  hdl  founded  reprefentations,  I  have  thouglit  that  I  fliould  leave  the 
care  of  executing  thein  to  the  federal  government,  becauleit  is  not  my  bufmefs, 
in  any  manner,  to  give  the  confuls  oi  the  republic  orders  contrary   to  the  fenfe 
of  our  treatief^  to  prelcrihe  to  them  not  to  conform,  relative  to  the  annanicnts 
and  prizes  made  by  our  vtflels,  to  the  inllniftions  given  them  by  authority 
I'uperior  to  mine,  and  to  enjoin  on  them  to  fuipend  the  eifeifl  of  the  commifllions 
that  our  privateers  hold  from  the  executive  council,  and  not  from  their  dele- 
gate.    With  refpeft  to  the  indemnity  promifed  by  the  Prefident  of  the  United 
States  to  the  Englifli  miniller,  in  virtue  of  the  principles  he  has  eftablifhed,  it 
is  not  rnoie  in  my  power  to  confent  to  it,  as,  in  my  opinion,  it  is  not  in  his 
to  pi'omife  it.     For  in  order  to  ,oj>erate  this  new  appropriation  of  the  funds  of 
tile  republic,  the  confent  of  the  legillative  bodies  of  both  parties  is  indifpenfable. 
However,  Sir,  though  I  have  not  the  right  to  withdraw,  authoritatively, 
tlie  commiflions  of  which  our  privateers  aie  poflefled,  allliough  I  am  eijually 
unable  to  conlli-ain  them  to  fubmit  to  decifions  which  our  treaties  of  alliance 
and  commerce  do  not  fanftion,  and  which  the  decifions  given  by  ieveral  tribu- 
nals of  the  United  States,  which  even  the  negociations  with  you,  fcem  to  con- 
tradift,  yet  you  may  be  affurcd,  that,  after  having  fupported  as  long  as  I  have 
been  able  the  rights  and  the  interefts  of  the  French  people,  I  fhall  negleft  nothing 
to  engage  by  porl'uafion  our  privateers  to  fufpend  their  cruiles  and  change  their 
deftination.     The  objeft  for  which  v/e  have  encouraged  the  arming  of  all  thole 
little  ve(r«ls,  was  to  deftroy  the  commerce  of  our  enemies,  and  to  block  up  their 
feamen  in  y«ur  ports,  for  the  purpoie  of  accelerating  the  return  of  peace  by  a 
diminution  of  their  ftrcngth.     This  plan  was  goocT,  and  notwitlxltanding  the 
obftacles  oppofed  to  it,  it  has  lb  far  fuccecded,  as  to  bring  into  our  poffeflion 
fifty  of  their  velfels,  and  to  condemn  to  inaftivity  an  infinitely  greater  number. 
I^iis  objedil  is  now  accomplilhed ;  I'uperior  forces  will  accomplifh  the  relt,  and 
if  I  have  hail  the  misfortune,  by  my  obedience  to  my  inftruaions,  by  my  ob- 
ftinacy  in  acknowledging  only  the  laws  and  treaties  ot  the  United  States,  to  dif- 
pleale  fome  Aiiglophopijls  or  Anglomen,  I  have  at  Icaft  the  fatisfa6\ion  of  having 
rendered  an  important  fcrvice  to  my  country,  whofe  prelent  policy  is  entirely 
devoted  to  the  war,  ' 


-TTfT 


grants  uiul  iuiftocrats  tf  Europe,  much  mere  dangerous  to  the  peace,  lib 
arid  independence  ot:"  tlie  United  States,  than  all  the  privateers  in  the  world. 


ibcrty 
i. 
G  L  N  E  T. 


GiiRMANTOWN,  NovcJT.hcr  i;d,   179% 
M/",  ''Jeffcrfvi^  Secretary  of  State ^  to  the  Minkier  FLm/oti-utiary  of  Fraiue. 
Sir,  ' 

TN  a  letter  which  I  liad  the  honor  of  writing  to  yon  on  the  12th  of  July,  I  In- 
■*■  formed  you,  that  the  Prciident  expected  that  the  Jane  of  Dublin,  the  Lovely 
Lafs,  snd  Prince  William  Henry,  Britilh  vellels,  taken  by  the  ajined  reflel 
Citoyen  Genet,  fliould  not  depart  from  our  ports  until  his  ultimate  determination 
thereon  fhould  be  made  known.  And  in  a  Icttc'-of  the  7th  Auguft,  I  gave  you 
the  further  information,  that  the  Prefidv'nt  confidered  the  United  States  as  boimd, 
puriiunt  to  pofitive  affurances,  given  in  conformity  to  tlie  laws  of  neutrality,  to 
etFecluatc  the  reltoration  of,  or  to  make  compeniation  ft^r  prizes,  mad^  lubfequent 
to  the  5th  day  of  June,  by  privateers  htted  out  of  our  ports  }  that,  confequent!y» 
he  expeifed  you  to  caufe  rcititution  to  be  made  of  ail  prizes  taken  and  brought 
into  our  ports,  fublixjuent  to  the  faid  5ih  of  June,  by  i'uch  privateers,  in  deleJl 
of  which  he  coafidercd  it  as  incumbent  on  the  United  States  to  indemnify  the 
cwuers  of  fuch  prizes  j  the  indemnification  to  be  rchnbiu'lid  by  the  French 
nation. 

This  determination  involved  the  brig  Jane  of  Dublin,  taken  by  the  armed 
vefiel  Citoyen  Genet,  on  the  34th  of  July,  the  brig  lovely  Lai's,  t»kerv  by  the 
ilmie  veflTel,  on  the  4th  of  July,  and  the  brig  Prince  William  Henry,  taken  hy  the 
lame  vell'el  on  the  sSth  of  June,  and  I  have  it  in  charge  to  enquire  «f  you. 
Sir,  whether  thefe  thi'ee  brigs  have  been  given  up,  according  to  tlu;  determi-, 
nation  of  the  Prefident,  and  if  they  have  not,  to  repeat  the  requLfition,  that  thejr 
be  given  u^j  to  their.i'omier  owners. 

i  ba<ve  the  hnor  to  It,  ^c. 
■'.     .  TH:   JEFFERSON. 


I 


.•:,.•   \- •.,;.;v-'  'i.i.       TRANSLATION.  '••'' 

«;;' -    '.  .  ..V*. .  ..   .  ■  NiiW-YoRK,  a 9th  November,  1793. 

zd  year  of  the  Republic. 
*rhe  Citizen  Genet,  Minijier  PlenipoituHary  of  the  French  Refublict  ioMr.  Jf£er- 
fon.  Secretary  of  State  oftU  United  States.  .i  t- 

Sir, 
T  is  not  in  my  power  to  order  the  French  vcffels,  which  have  received  letter* 
of  marque  in  the  ports  of  the  United  States,  in  virtue  of  our  treaties,  in  virtu* 
of  the  moft  precife  inftnifti^ns  to  ni«,  to  rcftorethe  prizes  which  they  have  been 
authorifed  to  make  on  our  enemies,  but  I  have  long  fmce  prelcri bed  to  all  our 
confuls,  neither  to  oppofe  nor  allow  to  be  cppoied,  any  refiltance  to  tli^  moral 
force  of  the  juCtice  ot  the  United  States,  if  it  thinks  it  may  interfere  in  affairs 
relative  to  the  pj-izes,  or  of  the  government,  if  it  perfills  in  the  fyltem  a^ainft 
which  I  have  incelTantly  made  the  belt  founded  reprefentations. 

Neither  is  it  in  my  power.  Sir,  to  confent  that  the  indenmilies,  whlcli  your* 
government  propoleu  to  have  paid  fo  the  proprietors  of  the  faid  prizes,  (houM 
be  placed  to  the  account  of  France.  lU.  llccaaie  no  indemnity  is  due  but  when 
Ibme  damage  has  been  occafioned  in  the  ufe  of  a  right  which  was  nc:.  polfeflcd, 
whereas  our  treaties  and  my  inllruilions  provs  io  mc,  that  we  were  lully  a\i- 
thorifed  to  arm  in  your  ports.  2d.  Recaufs,  according  to  our  ccnllrtution  as 
well  as  yours,  the  executive  has  not  the  a.'j;trary  appropriation  of  the  furids  ot 


•  •>> 


.'    f. 


I. 


[    96    1 


the  ftate ;  and  the  executive  council  of  France  and  their  delegates,  could  not 
conlent  to  a  reimburienient  of  the  indemnities  in  queftion,  but  when  the  iegifla- 
tive  body  fliali  firft  have  renounced,  under  its  refponfibility  to  the  people,  the  right 
which  I  have  been  expreffly  inftrufted  to  maintain,  and  afterwards  have  granted 
the  fums  demanded  by  our  enemies,  and  which  have  been  promifed  them  by  th« 
Prefidcnt. 

-.  ' .  "     "       Accept  my  refpe^, 

.••,  ...  ,:  ■  .   ;\"-/-  r*   ■     "  GENET. 


'*'-*-»^,4wJf 


%  y 


4 


•    TRANSLATION. 

'■-■■;' ^  ^  r  .••  i;    ..«..-,.  r.-^..,  Niw-YoRK,  Nover/ber  nth,  1793. 

2d  year  of  the  Republic. 
^TbeCiiiKin  GeHeiiM'tnifler  Plenipotentiary,  of  the  Republic  of  France,  to' Mr.  Jef' 
ferfon.  Secretary  of  State  of  the  United  States. 
Sir,  • 

'T'HE  funds  which  were  at  the  difpofulon  of  the  French  Republic  for  the  year 
1 75  3, being  exhauited  by  the  colonial  bills  drawn  on  them,  by  the  conliderable 
expenfe  which  the  continuance  of  the  veflels  af  the  republic,  in  the  ports  of  the 
United  States  occasions,  by  the  iliccour  which  I  have  given  to  the  refugees  from 
the  Cape,  the  fupplies  of  all  kinds  wiiich  I  have  fent  into  the  French  colonies  in 
America  ;  in  fine,  the  divers  expenfes  of  the  legation  and  of  the  adminiftration 
confided  to  me,  I  requelt  the  favor  of  you  to  make  known  to  the  Prehdent  of 
the  United  States,  that  I  am  forced  in  order  to  face  our  engagements,  and  to  re- 
lieve our  moft  prefling  neceflities,  to  draw  on  the  fums  which  will  become  due 
to  France,  in  the  years  1794,  and  95,  until  Congrefs  fliall  have  taken  into  con- 
fideration  the  modeof  reimbu:i'ement  which  I  have  been  inftrufted  to  propofe  to 
the  Federal  Government ;  our  contractors  will  be  content  with  thefe  aflignments, 
provided  they  are  accepted  by  the  treafuiy  of  the  United  States,  to  be  paid  whea 
they  become  due.  -  ..\^.  ;  , 

•,^'   'v^^'-.  •    -       Accept  ne^  refpeBy 

■  .   ^,  ^  '  GENET. 


'  V    •    '  -Zr.  -  'r    ^    TRANSLATION. 

New- York,  14th  November,  1793. 
,     zd  year  of  the  French  Republic. 
The  Citizen  Genet,  Minijier  Plenipotentiary  of  the  French  Republic,  to  Mr.  Jeffer- 
fort.  Secretary  of  State  of  the  United  States. 

•  Sir, 

TT  becomes  extremely  important  that  you  fl;ould  have  the  goodhofs  to  inform 

*  me  without  delay,  whether  I  can  draw,  by  anticipation,  on  the  approach- 
ing relmburfements  of  the  debt  of  the  United  States  to  France;  our  agents  being 
informed,  that  the  funds  which  were  at  the  difpofition  of  the  republic  for  1793, 
arc  exhaufted,  have  fufpended  their  liipplies  and  their  enteiprizes,  until  they 
Ihall  be  affured  that  the  aflignments  of  the  debt,  which  I  may  m?ke  to  them  in 
viitue  of  my  powers,  (hail  be  paid  when  due.  As  without  doubt  you  will 
form  to  yourfelf  a  juft  idea  of  all  th«  branches  of  the  fervice  which  will  fufFer, 
as  long  as  this  authority  fhaH  be  withheld  from  me,  I  am  perfuaded,  Sir,  that 
you  will  zealoufly  fecond  me  in  this  negociation.  Two  thoufand  feamen  and 
Ibldiers  whom  I  fupport  are  on  the  eve  of  wanting  bread.  The  repairs  of  o\u* 
Veflels  are  at  a  ftaiid.  The  indifpenfable  expeditions  of  liibfiftence  for  our  colo- 
nies and  France  ai'e  I'ufpended.  The  federal  government,  without  advancing  a 
fingle  one  of  the  payments  fixed  by  law,  can  by  two  words  figned  by  you  or  the 
S'wretaryof  the  Treaiury,  agam  put  every  thing  into  nioLion,  until  Congrefs 
(hall  have  taken  into  coniideration  the  general  mode  of  i-eimburrement  which  I 
have  been  inilru^ed  to  cO'iununicaU  to  youj  and  whicU  alone  can  put  i|ie  in  a 


fo 
t>e 
w 

th 


. 


] 

n: 

fl 

ri 

A 


( 


.   r 


J 


,> 


t    97    J 


not 

Igifla- 
I  right 

ranted 
}y  th» 


Mndltion  to  ftppljr,  at  lead  France  for  the  next  campaign,  iSnce  It  could  not  do 
fo  far  this  one.  The  long  nights,  the  thick  fogs  and  the  heavy  fcas  of  vinter  will 
he  favorable  to  our  tranfports,  by  rendering  lefs  probable,  the  painful  riiks  to 
which  the  odious  principles  of  England  expofe  neutral  vefiels,  and  particularly 
thofe  of  the  United  otau*.  " '     .    .  . 

,  '  Accept  my  refpeA, 

/  GENET. 


Germantown,  November  24/*,  I793. 
/Af'',  yfjffer/o/i,  Seirttary  of  State^  to  Mr.  Genet^  Minijler  Pknifotentiaty  of  the  French 

Republic, 

I  LAID  before  the  Prefidentof  the  United  States,  your  two  letters  of  the  Iith 
and  14th  inftant,  on  the  fubjedt  of  new  advauces  of  money,  and  they  were  im- 
mediately referred  to  the  Secretary  of  the  Treafury,  within  whofe  department 
fubjeds  of  this  nature  lie.  I  have  now  the  honour  of  enclofing  you  a  copy  of  his 
report  thereoii  10  the  Prefident,  in  unfwer  to  your  letters,  and  of  adding  alTurancet 
of  the  rcfpe<Sl  and  ellecm  of 

Sir, 
-,      '        ■    ','        ;  .  4"'     -    .  >       Your  mod  obedient  and 

'     •■  ''        •     '     \^-'       ■    "•'-  moft  humble  fervant, 

•"  '  ^^'  .  r    '•  Th:    JEFFERSON. 

<s     ,  '■"-  -^.    ;'■,  __________ 

Vhe  Secretary  of  the  Treafury^  upon  tivo  letter*  from  tbe  Minijler  Plenipefntiary  tf 
France,  to  tbe  Secretary  of  State,  fever  ally  bearing  date  the  l\th  and  1 4/A  ef  Novem-" 
ber,  infant,  rejpeilfully  Reports  to  the  Prefident  of  tbe  United  States,  as  follovos  : 

Xft.  'T^HE  objedl    of  thefe  letters  is  to  procure  an  engagement,  that  the  billg 
X    which  the  Miniftar  may  drew  upon  the  I'ums,  which  according   to  the 

terms  refpeding  the  contrads  of  the  French  debt,  would  fail  due  in  the  years  1 794 

and  1795,  fhallbe  accepted  on  the  part  of  the  United  States,  payable  at  the  periods 

Aipulated  for  the  payments  of  thofe  fums  tefpedlively. 

The  following  confiderations  are  fubmitted  as  militating  agalnft  the  propofed  at' 

rangement — 

I.  According  to  the  view  entertained  at  the  Treafury,  of  the  lltuation  of  the  ac- 
count between  France  and  the  United  States,  adjufting  equitably  the  queftion  of 
depreciation,  there  have  already  be-jn  anticipated  payments  to  France  equal,  or 
nearly  equal  to  the  fums  falling  due  in  the  courfe  of  the  year  1 794. 

II.  The  provifion  by  law  for  difcharging  the  principal  of  the  French  debt,  con- 
templates only  loans.  Of  thofe,  which  have  been  hitherto  made,  the  fum  unex- 
pended is  not  more  than  commenfurate  with  a  payment  which  is  to  be  made  on  the 
firft  of  June  next,  upon  account  of  the  capital  of  the  Dutch  debt.  It  is  poflible 
that  a  fund  for  this  payment  may  be  derived  from  another  loan ;  but  it  is  known  to 
the  Prefident,  that  from  advices  recently  received,  full  reliance  cannot  be  placed 
on  this  refource ;  owing  to  the  influence  of  the  prefcnt  ftate  of  European  aflfkirs, 
upon  the  meaftires  of  the  United  States  for  borrowing.  It  need  not  be  obferved 
that  a  failure  in  making  the  payment  referred  to,  would  be  ruinous  to  the  credic 
of  the  United  Statts. 

'  The  acceptance  of  the  bills  of  the  Minif^cr  of  France  would  virtually  pledge  the 
only  fund,  of  which  there  is  atprefeni  a  certainty,  for  accomplifhing  that  pay- 
ment, and  as  this  is  a  matter  of  ftrid  obligation,  direAly  affeding  the  public  cre- 
dit, it  would  not  appear  advifable  to  engage  that  fund  for  a  different  objedt,  which, 
if  the  ideas  of  the  Treafury  are  right,  with  regard  to  the  ftate  of  our  account  with 
France,  does  not  uand  upon  a  fimilar  footing. 

It  would  be  manifeftly  unfafe  to  prefumc  upon  contingencies,  or  to  enter  into 
engagements  to  be  executed  at  diftant  periods^  when  the  means  of  execution  ate 
uncertain. 


s  <• 


' '^\ . 


I«i 


-J~,^-l-jl».-Kl. 


I   98  3 

But  as  there  appears  to  be  a  difference  of  opinion  between  the  Minifter  of 
France  and  the  Treaiury,  with  regard  to  the  ftate  of  th«  account  between  the  two 
countries,  it  is  neceflary  that  fomething  on  this  head  fhould  be  afcertained.  With 
this  view,  the  Secretary  of  the  Trcafury  will  proceed  without  delay  to  take  ar- 
rangements of  or  the  adjuftment  of  the  account. 

ALEXANDER     HAMILTON, 
iii./'tfft    >th  'ii'W;   ".-■.r      Secretary  of  tie  Treafuyy. 


treafury  Department. 
November  %ii  1793 


:l 


r'  -^ll  — 


U     U»* 


id 


k 


,J^Ii:.. 


of 


w- 


New-York,  ai  Nmemier,  1793 
,Ci>'iti">  Coventor   of  Neru-Yorh.,  to    ilf/.    Genet,    Minijler    Plenipotentiary 

Si  Rj        ■  •     •.:, 

AS  by  your  letter  of  the  nth  inftant,  I  am  informed  that  the  veffcl  thetjein 
mentioned,  now  repairing  at  tlic  wharf  in  the  i!aft  river,  is  called  the  Car- 
snagnole,  and  that  llie  was  lined  out  as  a  privateer,  in  the  Delaware,  1  conceive  it 
proper  to  tranfinit  to  you  a  copy  of  a  letter  which  I  have  fince  received  from  the 
Secretary  of  war,  dated  the  ijth  inftant,  in  anfwer  to  one  from  me  to  the  Prefi- 
deutof  the  United  States,  informing  him  of  your  having  withdrawn  the  commif- 
fions  granted  to  certain  privateers,  fitted  out  in  the  ports  of  the  United  States :  By 
v'hich  you  will  perceive  it  to  be  the  fenfe  of  :he  Prcfident,  that  this  veffel  Ihould 
be  entirely  divefted  t)f  her  warlike  equipments,  and  which,  from  the  readinefs  you 
are  pleaied  to  exprefs  to  conform  to  the  views  of  the  Federal  Government,  I  can- 
not doubt,  will  on  the  receipt  hereof,  be  complied  with,  and  that  until  this  is 
eifedcd  you  will  not  permit  her  to  leave  the  harbour. 

::> '..i^ir-'v,*!!'-*^  j:"'-'"  V-?v  ■■;■■■■■';,->'•.•■%  ■        I  am,  &c. 
A  .        :.        •        V  -'  -       Go:    CLINTON.- 


)(■'*:' 


;::i,,;,4t*  ,  v-v       New- York,  i^J  November,   1793.        .'  . 

V- >'",,-'  ad  year  of  tlie  French  Republic.     ' 

Citinen   Genet,  Miurjler  plenipotentiary  from  the    French  Republi^,  ft   General  Clinton, 

Governor  of  the  Jlate  of  NewYori.      .  , 

•   '     Sir,     ■\-^-^'  ■      '---^i  *: 

I  HAVE  received  the  letter  which  you  did  mc  the  honor  to  write  me  the  zift 
inftant,'  as  alfo  the  copy  annexed  to  it,  of  a  letter  from  the  Secretary  of  War. 
The  frefti  requilitions  which  iiave  lately  been  tranfmitted  to  you  refpeifting  the 
fchooner  Columbia,  formerly  called  the  Carmagnole,  are  only  a  continuation  of  the 
fyftera  which  has  b«en  obferved  towards  me,  from  the  very  commencement  of  my 
niiftion,  and  which  evidently  appears  to  be  calculated  to  baffle  my  zeal,  to  fill  me 
with  difguft,  and  to  provoke  my  country  to  meafures  dilated  by  a  juft  refentment, 
which  would  accomplifli  the  wifties  of^thofe  whofe  politics  tend  only  to  difunite 
America  from  France,  the  more  .auly  to  deliver  the  former  into  the  power  of  the 
Englifli. 

Warned  by  this  conjedurc,  which  is  unfortunately  but  too  well  feunded,  In- 
ftcad  of  proving  to  you  as  I  could  eafily  do  that  the  orders  which  have  been  given 
to  you,  are  contiary  to  ^ur  treaties,  to  the  condaft  of  the  Federal  Government 
even  towards  the  Britiih  nation,  whofe  packets  and  a  great  number  of  merchant 
veffels  I  am  well  informed,  have  been  permitted  to  arm  for  defence  in  their  ports, 
to  the  bonds  of  frk-ndlhip  which  unite  the  people  of  both  Republics,  and  to  their 
mutual  intercft,  fince  the  veffel  in  queition  is  intended-to  ferve  as  an  advice-boat 
in  our  correfpondence  with  the  French  iflands,  which,  by  our  treaties,  you  are 
bound  to  gaurantee,  and  in  whofe  fate  your  property  is  no  le&  interefted  than  ours, 
I  will  give  orders  to  the  conful  and  to  the  French  commodore  of  the  road,  t» 
conform  thcQifelves  to  every  thing  that  your  wifdom  may  think  proper  to  diicdt. 

Accept,  Sir,  my  fincere  and 
>."  »n*i.f "  refpe(Siful  attachment, 

'  ■■■'-■.„;;,,..  GENET..-.: 


I 


"/.t  ■ 


.■"  \ 


*p».p"  ';iiwf  "fn  , 


1 


/■ 


Sir, 


rk 


New-York,  ^«4/i  November.,  1793. 
Govtrntr  ef  NeiwYork,  to  the  Prifident  of  the  United  States. 


I  HAVE  recently  received  a  letter  from,  the  Secretary  of  War,  dated  the  nth, 
andalfo  another  dated  the  13th  inftant,  manfwer  to  mhie  of  the  8th  of  Sep- 
tember laft. 

On,  recurriiig  to  my  correfpondencc  with  the  minifter  of  France,  a  copy  of 
virhich  was  enclofcd  in  that  letter,  it  will  appear,  that  my  objc(Sl  was  to  procure 
the  departure  of  the  privateers  Petit  Democrat  and  Carmagnole,  agreeably  to  your 
decifion,  communicated  to  me  in  a  letter  from  the  Secretary  of  War,  dated  the 
l6th  of  Auguft  ;  but  as  it  was  mentioned  to  be  your  defire,  tliat  forcible  meafures. 
fhouldr  the  reforted  to,  until  every  ether  effort  had  been  tried.  I  thought  it 
proper  to  fubmit  to  your  confideration  the  meafure  propofed  by  the  French  minifter. 
In  the  interim,  the  Petit  Democrat  departed  from  this  harbour  without  any  aug- 
mentation of  her  military  equipaicnts,  fo  far,  as  my  knowledge  extends.  The 
Carmagnole  ftill  remains  here,  and  it  feems  is  the  veffcl  to  which  my  letter  of  the 
15th  inftant  refers.  I  now  tranfmit  a  fecond  letter  vhich  I  have  written  to  the 
French  minifter  on  thisfubjeift  and  his  anfwer,  and  have  only  to  requcft  to  be  in- 
formed whether  any  farther  interference  on  my  part  is  espedkd. 

As  I  (hall  in  a  fiiort  time  fet  out  for  Albany,  to  attend  the  meeting  cf  our  legif- 
lature,  1  take  this  opportunity  of  apprizing  you  of  it,  in  order,  that  if  any  arrange- 
ments are  thought  neceflary,  which  may, require  my  pcrfonal  attention,  they  may 
be  concerted  before  my  departure,  as  it  is  u^icertain  whether  I  Ihall  icti  1  to  this 
«ity  b<>forfl fpring.     ,sjii...ij   . 

ctu. -'hv     1  anj,  with  fentiments  of  the  highcft  refpcdl, 
,  ,  Your  moft  obedient  fcrvant,  ''v 

,  .  .    '.  ,  <?o:     C  L  I  N  T  O  N. 


-V- 


r'J 


-«.? 


:.i      New-Yoek,  i^th  November,  1793. 
2d  year  of  the  Republic  of  France. 
titizen    Genet,    JMiniJter  Plenipetentiary  of  the    Republic  of  France   zuitb   the  United- 
States,  to  Mr.  Jejferfon,  Secretary  of  State  of  the  United  States,  ?'^,        ' 

Sir, 

I  ASK  your  pardon,  if  my  difpatches  precipitate  themfelves  with  fo  much  rapi- 
dity on  you  ;  but  events  announce  themfelves  in  fuch  a  manner,  daily,  that  I. 
am  fcarcely  able  to  trace  and  notify  theni  to  you.     My  preceding  difp-.rnes  have 
prefented  to  you,  complaints  on  the  workings  of  the  new  emi^rrants,  who  inundate, 
your  continent.     I  have  aiTayed  to  uiunalk  to  you,  the  profound  and  double  in- 
trigues ;  I  have  notified  you  of  their  infults  to  the  French  agents,  and  the.  perfonal- 
dangers  which  thefe  agents  are  daily  expofed  to,  furrounded  by  thcfe  furies.    At . 
prefent,  I  have  to  inform  yovk  of  fadls,  we1',chaxa<aerifed ;  and  if  I  do  not  obtain 
juftice,  I  fhall,  at  leaft.  have  done  my  duty,  and  hiy  heart,  and  my  country  will 
haye  nothirig  to  reproach  me. 

It  is  announced  to  me,  from  Baltimore,  that  :ioo  colonifts  are  embarking,  in  the . 
Chefape?ike,  f»r  Jeremie*.  The  Philadelphia  counter-revohitionaiy  preffes  ad- 
vertife,  that  two  veiTels  are  about  taking  paffcngers  for  the  Molef ,  Thus,  Sir, 
it  is  no  longer  the  good  offices  of  an,  ally,  that  France  has  occafion  to  claim  of  the 
federal  government— 7l.t, is.  not  to  aid  in  our  deftrui^ion,  that  I  have  to  conjure  yo"n 
— It  ift  to  intreat  you,  not.  to  confpire  in  the  lofs  of  a  colony,  which  ycu  ought  to 
defend,  that  my  affli<fting  duty  is  confined  to. 

With  whatever  fury  they  have  objiinately  perftflcdto  paint  me,  in  libels,  tvbleh  I  de- 
fpife,  as  an  enemy  of  the  American  people,  and  of  their  government,  and  as  afpiring. 
to  involve  you  in  the  war,  you  know,  Sir,  with  what  modf  ration  I  have  reminded 

V*  Ina  vejfel  belonging  to  Mr.  Zacbariab  Copm.mn.i  \'''^'  ^''  "'''''  '~'''^'' 
'      f   One  istbefhip  Delaware,  captain  James  Art,  ftted  out  by  fames  Shoemaker. 

'the  other  is  the  Galliot  Betfey   Hannah,  captain   Donanchan,  fitted  out  by  Miffieurt . 
Rttd  and  Soder. 


'■.'.'^'    'J''    -^ 


,,..^  .J..    ,;.,..     . 


[    xoo 


I 


y«u  of  the  obligations  which  were  impofed  on  you.  In  that  alfo,  I  have  a  clear 
confcience,  of  having  been  influenced,  neither  by  our  fucceffcSj  nor  our  misfortunes. 
1  have  only  ceded  to  provifory  ads,  which,  concealing  a  manifcft  contradidlion 
under  an  apparent  modefty,  avow  thcinability  to  defend  us,  andufurp,  at  the  fame 
time,  the  right  to  let  us  be  attacked. 

I  have  in  my  poflcflion,  the  proofs  of  a  confpiracy,  which  broke  out  in  Septem- 
ber laft,  for  the  furrcnder  of  the  Mole  ;  and  the  original  papers  enclofed,  prove, 
that  it  was  concerted  in  firft  days  of  179.^,  and  figned  then  with  names  which  were 
not  uumaflced  till  7th  September  laft.     The  confpirators,  adroitly  concealed,  were 
inging claims  on  the  Republic,  at  the  moment  they  were  treating  with  the  Eng- 
lifti  minifter,  to  the  end,  that  by  this  double  intrigue,  they  might  overthrow  the 
true  friends  of  the  French,  and  condudl  to  its  end  their  (hamefui  plot.     Thefe  par- 
tial threads,  which  difcover  themfelves  now,  were  only  acceffary  portions  of  the 
confyiracy  of  a  great  traitor,  celebrsfted  in  the  laft  year,  now  cruflied  under  remorfe, 
and  the  contempt  of  the  world.    The  French  people.  Sir,  have  baffled  all  thefc 
intrigues,  and  if  ulterior  proofs  were  wanting  of  tbeir  wifdom,  of  theit-  firm  de- 
termination to  be  free,  and  of  the  ftability  of  their  government,  you  would  find 
them  in  the  glorious  ftrugglc  of  the  prefent  campaign.     Therein,  amidft  great  re- 
verfes,  fignal  viAories,  and  attrocious  confpiraeie^,  the  Coloflus  of  the  French 
people  raifes  itfelf  majeftically,  and  makes  their  etiemies  tremble.     Thefe  then  at  s 
.'  the  friends,  nnder  whofe  wing  America  will  brave  the  defpots  who  divide  the.r 
hatred  between  her  and  us.     Thofe  are  the  friends,  who,  among  the  general  mea- 
fure8  of  rigor,  which  circumftances  force  from  them,  do  not  ceafe  a  moment  to 
remember  you,  to  except  you  from  them.    The  demands,  whidi  I  make  of  you 
in  their  name,  >5ir,  are  confined  lo  this,  that  you  will  nDt  fuffcr  poignards,  for 
their  airaflinatlon,  to  be  forged  in  your  territory. 

I  pray  you,  in  confequence,  Sir,  to  rcpicfent  to  the  Prefident  of  the  United 
States,  jft.  Tliat  the  perfonal  fafety  of  oar  coniuls  is  threatened,  at  Charlefton  and  at 
Jjaltimore,  and  that  little  acStivity  is  employed  for  their  proteftion.  ad.  That  200 
colonial  emigrants  are  embarking  ut  Baltimore,  and  are  perhaps  departed  to  join 
the  traitors  of  Jeremie — That  two  other  vefFels,  armed,  doubtlcfi,  by  our  enemies, 
,  are  advertifed  at  Philadelphia,  in  the  counter-revolutionary  gazettes,  to  carry 
paffcngers  of  the  fame  ftamp  to  the  Mole,  Saint  Nicholas.  1  hat  1  know  alfo,  ot 
jny  certain  knowledge,  that  American  vefiels  have,  for  fome  time,  carried  provi- 
fions  and  war  ftores  to  thefe  two  rebel  places ;  and,  in  fine,  that  the  emiffaries  of 
rnen,  with  whom  fome  of  your  minifters  aflbciate,  have  gotie  to  this  illand,  which- 
has  been  a  long  ti»ie  the  prey  of  a  thoufand  artful  confpiracies,  there  to  negociatc 
infurredlions,  and  the  ruin  of  the  commercial  interefts  of  my  country ;  that  it  is 
on  your  territory,  that  all  this  is  doing ;  that  it  Is  In  your  country,  in  fine,  that 
exifts  the  centre  of  the  intriguing  dcfolations  of  our  Ultramarine  poffeflioris. 

1  requeft  you.  Sir,  to  obtain  a  definitive  anfwer,  from  the  fupreme  head  of  the 
federal  government,  on  thefc  two  objeAs,  in,  order  that  I  may,  by  the  firft  oppor- 
tunity, inform  the  French  government  of  the  fteps  I  have  taken  in  this  refpcA,  and 
of  their  cffeiS:. 

I  fhall  moreover  take  the  liberty  to  propofe  to  you,  a  nteafure,  which  I  cannot 
adopt,  but  with  your  authority,  and  which  would  obviate  the  fubterfuges  of  trai- 
tors, and  the  coercive  means  which  you  may  not  poflefs.  It  is,  to"  give  orders  to 
the  armed  veffels  of  the  Republic,  to  ftop  every  American  veffel  deftined  for  the 
ifland  of  Saint  Domingo,  which  fliall  not  have  a  paflport  figned  by  me.  Thus  1 
Ihall  prevent  the  introdudion  of  enemies,  which  may  efcape  your  vigilance,  and . 
we  Ihall  guard  your  citizens  from  feduAio^is  and  dangers.  1  beg  of  you  to  make 
Jmown  to  me  the  intention  of  the  Prefident  on  this  propofition.  '.      |         1 

Accept  my  refpeA,  ■      '- 


r 


:l'M 


>«■- 


Mir 


'«])i^-!. 


Cl,;piJ. 


'         ■'  '■■  ,  '.,■  ,-(■• 

'•.i.|.'4Krs*;^t,|.'4-"'    >"'^     i 


'^ 


«^.ij4.  ..i>^il^.;'.M_  >J5itJ»f  ;,XS.- 


»■.-„>"  i-"'   •:<  ■■vH- 


clear 
[tunes. 
|i(5tion 

fame 

itern- 

Iprovc, 

were 

tverc 

£ng. 

iw  the 

!fe  par- 

of  the 

•morfe, 

111  thefc 

Irm  de- 

ild  find 

■cat  re- 

iFrench 

ten  at  3 

c  the.r 

il  mea- 

ncnt  to 

of  you 

•ds,  for 


T. 


pHllAfetifHTA,  Unemhtt  30,  t79J. 
Ml-,  yfffcrfon.  Secretary  of  State,  to  Mr.  Genet,  Minijler  Plcnlpoieniiary  of  FranSt. 
Sir, 


I  HAVE  laid  before  the  Prcfideftt  of  the  I'^itfcd  State»,  your  letter  of  Novemlwf 
25th,  and  have  now  the  honor  to  inform  you,  that  moft  of  its  objcdls,  being 
beyond  the  powers  of  the  executive,  they  ean  only  manifeft  their  difpodtions,  by 
«(fting  on  thofe  which  are  within  their  powers.  hillraiSion*  are  accordmgly  fent 
to  the  diftrid  attorneys  of  the  United  States,  reCding  within  frutcs  wherein  French 
confuls  are  eftablilhed,  requiring  them  to  inform  the  confuls  of  the  nature  of  the 
provifioni  made  by  the  laws,  for  preventiqgj  aswell  as  punifliirlg,  injuries  to  their 
pcrfons,  and  to  advife  and  affift  them  ift  calling  thefc  provifions  into  adivity,  when- 
ever the  occafions  for  them  fliall  arife. 

It  is  not  permitted,  by  the  law,  to  prohibit  the  departure  of  the  emigrants  to  St. 
Domingo,  according  to  the  wifli  you  now  exprcfs,  any  more  than  it  was  to  force 
them  away,  according  to  that  expreffed  by  you  in  a  former  letter.  Our  country  it 
open  to  all  men,  to  come  and  go  peaceably,  when  they  chufe  ;  and  your  letter  doci 
not  mention,  that  thefe  emigrants  meant  to  depart  armed  and  equipped  for  war. 
Left,  however,  this  Ihould  be  attempted,  the  gaveriJors  of  the  ftatcs  of  Pennfylva- 
nia  and  Maryland  are  requefted  to  have  particular  attention  paid  to  the  veflcl* 
named  ia  your  letter,  and  to  fee  that  no  military  expedition  be  covered  or  permit- 
ted, undci  colour  of  the  right  which  the  paflengers  have  to  depart  from  thefc 
il  ates. 

Provifions  not  being  clafTed  among  the  articles  of  contraband,  in  time  of  war,  it 
is  poflible,  that  American  veflels  may  have  carried  them  to  the  ports  of  JTeremie  and 
l^aMole,  as  they  do  toother  dominions  ofthe  belligerent  powers;  but  n  they  have 
carried  arms  alfo,  thefe,  as  being  contraband,  might  certainly  have  been  flopped 
and  confifcated. 

In  the  letter  of  May  15,  to  Mr.  Ternant,  I  mentioned,  that  in  anfwcr  to  the 
complaints  of  the  Britilh  minifter,  againft  the  exportation  of  arms  from  the  United 
States,  it  had  been  obferved,  that  the  nianufadlure  of  arms  was  the  occupation  and 
livelihood  of  fome  of  our  citizens ;  tiiat  it  ought  not  to  be  expedled,  that  a  war 
among  other  nations  Ihould  produce  fuch  an  internal  derangement  of  the  occupations 
of  a  nation  at  peace,  as  the  fuppreffion  of  a  manufadure,  which  is  the  fupport  of 
fome  of  its  citizens;  but  that  if  they  Ihould  export  thefe  arms  to  nations  at  war, 
they  would  be  abandoned  to  the  feizurc  and  confifcation,  which  the  law  of  nations 
authorifed  to  be  made  of  them  on  the  higit  feas.  This  letter  was  handed  to  you, 
and  you  were  pleafed,  in  yours  of  May  ij,  cxprefsly  to  approve  ofthe  anfwcr  which 
had  been  given.  On  this  occafion,  therefore,  wc  have  only  to  declare,  that  the 
fame  condud  will  be  obferved,  which  was  announced  on  that. 

The  propofition,  to  permit  all  our  veffels,  deftincd  for  any  port  in  the  French 
Weft-India  iflands,  to  be  flopped,  unlefs  furnifticd  with  paffports  from  y  Durfelf,  is 
fo  far  beyond  the  powers  of  the  executive,  that  it  will  be  unneceflary  to  enumerate 
the  objeiftions  to  which  it  would  be  liable. 

1  have  the  honor  to  be,  &c. 

T  H  :    J  E  F  F  E  R  S  O  N. 


•  I'iii" 


1       '.  ,;   ,1  •  Wardens-Office, 

PiiitADCLPHlA,  7,^th  Novemhcr,   I793. 
Mr.  Fa'ctncr,  MiJIer  Warden  of  the   Port  of  Philadelphia,  to  his  Excellency   Tbamas 
Miljlin,  Govertor  af  the  Comiroifwcallh  of  Pennfylvania.  """' 

Sir, 

IN  obedience  to  your  excellency's  letter  of  this  morning,  I  have  feen  Me.  Jacob 
Shoemaker,  one  of  the  owners  of  the  Ihip  Delaware  ;  he  informed  me,  that 
they  intend  their  Ihip  for  Cape  Nichola  Mole,  and  expeded  to  take  a  number  of 
pallengers,  if  they  offered  ;  but  they  affure  me,  only  one  perfon  has,  as  yet,  en- 
gaged his  paffage  in  the  fliip  Delaware ;  I  have  requefted  of  Mr.  Shoemaker  and 
Oaj>taiu  Art,  that  whatever  Frenchmen  mayengag^  their  paffages,  that  they  will 


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firing  them  to  me,  in  order  to  declare  the  objed  of  their  voyage.  I  have  alfo  been 
'  ivhh  the  owners  of  the  Goillette  Betfey,  who  are  Reed  and  Ford ;  who  inform, 
that  file  is  not  bound  to  Jeremie  nor  the  Mole,  but  chartered  by  a  French  gentleman 
for  Guadaloupe,  to  go  there  in  order  to  bring  off  his  property'^,  fome  pafiengera 
9re  going  in  her  for  that  ifland.  You  may  reft  aiTurcd,  I  will  pay  every  attention 
to  thofe  veCTels ;  and  if  I  can  difcoyer  any  thing  like  armament,  1  Ihall  give  your  ex- 
tellency  immediate  notice  of  it. 

I  am  your  excellency's  moft  obedient 
Humble  fervant, 

NATHANIEL    FALCONER, 
Mailer  Warden  of  the  Port  of  Philadelphia. 

"*^'*^'*  A.  J.  DALLAS,  Secretary. 


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DEPARTMENT  of   STATE.towU: 
THEREBT  certify,  that  the  preceding  copies  and 
I  tranjlations,  beginning  with  a  letter  of  May  twen^ 

ty-fecond^  one  thoufand  /even  hundred  and  ninety^ 
three,  and  ending  with  one  of  November  twenty-^ 
ninth,  one  thoufand /even  hundred  and  ninety-three, 
are  from  originals,  or  from  authentic  copies,  in  the 
office  of  the  department  qfjiate.   \  "         ^    ' 

'  G IFE  N  under  My  hand,  this  fourth  day  of 
December,  one  thoufand  f even  hundred  and 
ninety 'three. 

;  ^    .         ,     Th:   JEFFERSON. 


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